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Section 482 Cr.Pc - Guidelines set out by Hon'ble Supreme Court
The fundamental power under Section 482 in The Code of Criminal Procedure, 1973 is a wide concept with 0 statutory limitation. It protects the fundamental power of the High Court to prevent an abuse of the process of any court or to secure the ends of justice and thus the High Court should have a due regard to the nature and gravity of the offence.
Section 482 inherent power of the High Court but the provision does not allow to confer new powers but only to recognize the power which inheres in the High Court.
Need for Section 482 Cr.Pc
The powers in the hands of the High Court under Section 482 of Cr.Pc are half administrative and half judicial. This section came int existence by the Code of Criminal Procedure(Amendment) Act, 1923, as High Courts were not able to render full justice even in the given the case the illegality was palpable and apparent. Supreme Court in the case of State of Karnataka v. Muniswami- AIR 1977 SC 1489, held that this section predicts 3 circumstances in which the inherent jurisdiction may be exercised, namely, "to give effect to an order under CrPC, to prevent abuse of the process of the court, and to secure the ends of justice".
The Allahabad High Court went on to state, "The section is a sort of reminder to the High Courts that they are not merely courts in law, but also courts of justice and possess inherent powers to remove injustice". The fundamental power of the High Court is an absolute attribute of the position it holds concerning a judicial order and for securing the ends of justice. Section 482 is discretionary, therefore the high court can refuse to exercise the discretion if a party has not approached it with clean hands.
Real Powers of the High Court under 482 Cr.P.c
Inherent powers under 482 Cr.P.c constitutes powers to quash FIR, investigation or any criminal proceedings undecided before the high court or any court subordinate to it. These powers can be exercised to protect the ends of justice, prevent abuse of the process of any Court and to establish such orders which may be necessary to provide the effect to any order within this Code, adhering to the facts of the given case. Court can prevent miscarriage of justice under this section of C.r.P.c.
But these powers can be exercised inherently when no other remedy is available/provided by the litigant and also when no specific remedy is available to the statute. In case of an availability of an effective remedy then the High Court will not exercise its powers under this section.
Limitations of Section 482 Cr.P.c
Though the inherent jurisdiction of the High Court under Section 482 of C.r.P.c is a wide concept but it needs to be exercised in a restricted manner with caution, only when such exercise is justified by tests specially laid down in the section. It is supposed to be exercised exdebito justitiae to do real justice for the administrative court which exists alone. This idea was taken by Supreme Court of India in various judgement including Monica Kumar v. State of Uttar Pradesh.
Conclusion
The supreme court has led down the principles and guidelines to prevent an abuse of the process of courts or to protect the ends of justice.
