Nishka Srinivas Veluvali
Published On: January 28, 2022 at 17:29 IST
The Supreme Court on 28 January 2022, warned an Advocate from filing Section 482 Criminal Procedure Code (CrPC) Petitions under the grab of Article 32 Writ Petitions.
The Bench of Justice D Y Chandrachud and Justice Sanjiv Khanna Ordered Advocate Chand Qureshi not to look upon the Court in this manner and Quashed the Petition filed by the later.
Section 482 of Criminal Procedure Code states about the inherent powers of the High Courts including the power of Quashing the First Information Report (FIRs) to safeguard Justice.
Whereas on the contrary Article 32 deals with the rectification for enforcement of rights before the Supreme Court which includes the right to file Writ Petition.
Justice DY Chandrachud in the current Case stated that, “What is bothering us is clients are being taken for a ride. You are filing this Plea because you are skeptical of the District Magistrate”.
The Supreme Court last year in August had ruled that High Court while judging applications under Section 482 CrPC for dismissing a Case at the phase of imposing Charges of the Case, should not proceed into the consideration of evidences or whether the Accused on the grounds of such evidences be convicted or not.
The Supreme Court again in September stated that under the aforementioned Section the High Court has the power to dismiss any Criminal proceedings even in Case of non – Compoundable Offences after taking the cognizance of the intensity of the Offence, nature and the heinousness of the Offence along with other factual details.
Also read: How are Writ Petitions filed in Supreme Court?