Criminal Law DigestCriminal Law DigestCriminal Law Digest
free online digest

Criminal Law Digest - Criminal Procedure Code

criminal law digest
 Home >>Law Digest >> Criminal Law Digest >>Criminal Procedure Code
Add to Favorite
Digest of Supreme Courts and High courts Judgment

law digest
Sate of Haryana & ors v. Bhajan Lal & Ors.
Citation : 1992 Supp. (1) SCC 335

The Hon'ble Supreme Court given illustrations where in the inherent power under Section 482 of the Code should be exercised by the High Court. they are

“(i) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirely do not prima facie constitute any offence or make out a case against the accused.

(2) where the allegations in the first information report and other materials, if any, accompanying the FIR don’t disclose a cognizable offence, justifying an investigation by police officers under Section 156 (1) of the Code except under an order of Magistrate within the purview of Section 155(2) of the Code

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any ofence and make out a case against the accused.

(4) Where, the allegations in the FIR don’t constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155 (2) of the Code

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbably on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and / or where there is a specific provision in the code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceedings is manifestly attended with mala fide and / or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and person grudge.




web hit counter

Legal Encyclopedia | Law Colleges | Online Law Digest | Bare Acts | Terms of Use & Disclaimer
Contact Us | Useful Links | Link to us | Privacy Policy