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Allahabad HC: There is no Provision in CRPC Which Can Curtail or Overshadow Inherent Powers of High Court Provided U/S 482

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Published on: 20 May 2023 at 13:45 IST

The Allahabad High Court recently made an important decision regarding the admissibility of an application filed under Section 482 of the Criminal Procedure Code (Cr.P.C.). The case, known as Application U/S 482, involved Ashok Kumar Singh as the person applying and the State of U.P. Thru. Prin. Secy. Home Govt. Lko. And Another as the opposing party.

The applicant aimed to challenge the summoning order issued on April 6, 2023, by the learned Additional District & Sessions Judge, Gonda. This order was issued under Section 319 Cr.P.C. in the Sessions Trial of 2020. The summoning order was related to a criminal case registered under Sections 302 and 201 of the Indian Penal Code (IPC) at a police station in the state.

During the legal proceedings, the representative of the opposing party raised an initial objection. They argued that the application filed under Section 482 Cr.P.C. was not acceptable because the disputed order fell within the purview of Section 319 Cr.P.C. and was not an interim order. They claimed that utilizing the inherent powers under Section 482 Cr.P.C. was not allowed when there was a specific provision in the Criminal Procedure Code or when an alternative remedy was available.

In response, the applicant’s representative refuted the objection, stating that the judgment in Mohit alias Sonu and Another v. State of U.P. did not hold valid. They cited the judgment in Prabhu Chawla v. State of Rajasthan & Anr., which overturned the previous judgment. According to them, the inherent powers under Section 482 Cr.P.C. could be invoked to challenge the summoning order, as there were no restrictions on exercising such powers except for self-restraint.

After carefully considering the arguments presented by both sides and examining the historical context of the inherent powers under Section 482 Cr.P.C., the High Court reached its verdict.

The court noted that prior to the enactment of the Criminal Procedure Code, 1973, the old Cr.P.C. 1898 (Amendment) Act, 1923, recognized the inherent powers of the High Courts under Section 561-A.