The document discusses the scope of powers granted to the High Court under Section 482 of the Code of Criminal Procedure, 1973. It provides that the section gives the court powers that it already inherently possesses. The powers must be exercised sparingly and not for appellate or revisional purposes. The document outlines several principles for using this power, including to prevent abuse of court processes or otherwise secure justice. It also discusses situations where the High Court may quash an FIR or complaint using these powers, such as when allegations do not disclose a cognizable offense.

1. Scope of the
powers of the
High Court
under section
482 of the Code
of Criminal
Procedure, 1973

2. Introduction
 It gives no new powers- only provides that those which the
court already inherently possessed shall be preserved.
 Powers to be exercised sparingly and not as an
appellate/revisional court.
 The SC has held that the following principles would govern the
exercise of the inherent jurisdiction of a HC given by Section
482 :
 (1)the power is not to be resorted to if there is a specific
provision in the Code for the redress of the grievance of the
aggrieved party; (2)it should be exercised very sparingly to
prevent abuse of the process of any Court or otherwise to
secure the ends of justice;

3.  (3)it should not be exercised as against the express
bar of law engrafted in any other provisions of the
Code. The inherent power overrides the express
bar against revision provided under S. 341 of the
Code. Similarly, the power under S. 382 is not
subjected to the limitations imposed on the power of
revision conferred by S. 397.
 In State of Punjab v. Kasturi Lal- SC observed that
exercise of power u/s 482 of the Code is the
exception and not the rule.

4.  It envisages three circumstances under which the
inherent jurisdiction may be exercised-
(i) to give effect to an order under the Code,
(ii) to prevent the abuse of the process of Court
(iii) and to otherwise secure the ends of justice.
 All Courts, whether civil or criminal possess, in the
absence of any express provision, as inherent in their
constitution, give all such powers as are necessary to
do right and to undo a wrong in course of
administration of justice on the principle “quando lex
aliquid alicui concedit, concedere videtur et id sine quo
res ipsae esse non potest” (when the law gives a
person anything it gives him that without which it
cannot exist, i.e. the means of obtaining it).

5.  Where HC has no jurisdiction in revision to interfere with
any judgement, order or sentence passed by a judge of
HC in the exercise of its original criminal jurisdiction, the
provisions of this section cannot be invoked since the
question there is one of jurisdiction.
 The High Court would exercise its extraordinary
jurisdiction under S. 482, CrPC where it finds that non-
interference shall result in abuse of the process of the
court or failure of justice, or where grave injustice make
out any triable case against the petitioner.
 Where the criminal proceedings lodged would be mere
result in harassment to the petitioner,

6.  One of the cases where such power can be exercised
is where the first information report or the complaint,
even if they are taken at their face value and accepted
to their entirety do not prima constitute any offence or
make out a case against the accused.
 In quashing FIR, the High Court would be entitled to
only examine the allegations made in the FIR but would
not be entitled to appreciate by way of shifting the
materials collected in course of investigation including
the statements recorded under S.161, CrPC.
 At this stage the correctness or otherwise of the
allegations in the FIR is not to be seen by the High
Court, and that will be seen at the trial.

7.  Where FIR is registered on reference being made by
the Criminal Court, there is hardly any scope of
making allegations as to mala fide exercise of power,
FIR would not be quashed. FIR would not be quashed
merely on the ground that the same has been filed
with mala fide and evil design. Where allegations in
FIR do not prima facie disclose commission of
criminal an offence, FIR would be quashed.

8. Quashing of Second FIR on
petition under Section 482
 Under S.482, CrPC the High Court has the power to
quash an FIR or even a complaint subject to limitations
and conditions laid down in various judgements
 Case 1 -T.T. Antony v. State of Kerala

9. Quashing of FIR when investigation has
not commenced
 The High Court cannot quash the FIR when the police
has not even commenced the investigation and no
proceedings at all is pending in any Court in pursuance
of the FIR
 Investigation could not be quashed because FIR does
not disclose any offence, because investigation could
be carried on the basis of other material
 Case- State of W.B. v. Narayan K. Patodia

10. FIR disclosing offence
1. An FIR should be quashed only in rarest of rare
cases.
2. Where a prima facie case is disclosed in FIR, there is
no question of quashing the same on the mere
ground of delay in filing FIR.
3. Where FIR discloses offence the same cannot be
quashed before the close of the investigation.
4. The High Court will interfere with the investigation
only if non-interference would result in miscarriage of
justice

11. Quashing of FIR where allegations not
constituting an offence
 FIR which did not contain any facts constituting an
offence may be quashed by the High Court in exercise
of its inherent powers.
 When the continuation of such investigation would
amount to an abuse of power by the police
 Case -Arnavaz v. Alcobex Metals Ltd –held that When
the materials subsequently collected in the course of an
investigation further disclose no such cognizable
offence at all the FIR shall be quashed.

12.  In the landmark case of State of Haryana vs. Bhajan Lal, this
Court considered in detail the power of the HC to quash
criminal proceedings or FIR. This Court summarized the legal
position by laying down the following guidelines to be followed
by High Courts in exercise of their inherent powers to quash a
criminal complaint:
 Where the allegations made in the FIR or the complaint, even
if they are accepted in their entirety do not prima facie
constitute any offence or make out a case against the
accused.
 Where the allegations in the FIR do not disclose a
cognizable offence, justifying an investigation by police
officers.
 Where the allegations made in the FIR or complaint and the
evidence collected in support of the same do not disclose
the commission of any offence and make out a case against
the accused.

13.  Where, the allegations in the FIR do not 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.
 Where the allegations made in the FIR or complaint are
so absurd and inherently improbable on the basis of
which no prudent person can ever reach a just
conclusion.
 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.
 Where a criminal proceeding is manifestly attended
with mala fide intention 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 personal grudge.

14. CONCLUSION
 Section 482 CrPC has a very wide scope and it’s really
important for the courts to use it properly and wisely.
 Many a time it has been observed that when there is
an issue of money (as for instance) the petitioner
instead of filing a civil suit files an FIR against the other
person just to harass him.
 Justice Dhingra in one of his judgements said that
“while exercising powers under Section 482 of the
CrPC the Court has to keep in mind that it should not
ordinarily embark upon an enquiry whether the
evidence in question is reliable or not or whether on a
reasonable appreciation of it accusation would not be
sustained

15. THANK YOU
 Presented By-
 Chiraiya Saruparia (31)
 Ajay Narwal (12)
 SCHOOL OF LAW, UPES