s.482 v/s article 226,227
vishal gupta
(Querist) 15 November 2010
This query is : Resolved
what is the difference between approaching high court for quashing under 482. crpc versus appraching thru article 226,227 of constitution
Sachin Bhatia
(Expert) 15 November 2010
Article 226. Power of High Courts to issue certain writs
(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose
(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories
(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and
(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated
(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32
Sachin Bhatia
(Expert) 15 November 2010
Article 227. Power of superintendence over all courts by the High Court
(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction
(2) Without prejudice to the generality of the foregoing provisions, the High Court may
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces
Sachin Bhatia
(Expert) 15 November 2010
Cr.Pc. Sec. 482. Saving of inherent power of High Court.
Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.
Advocate. Arunagiri
(Expert) 15 November 2010
cr.p.c. 482 is similar to 226 and 227 of Constitution as for as the criminal cases are concerned. You have the choice of using any of the three in case of necessary. But, 482 is cheaper and faster. If it is a civil case (if there is a need of writ) you case resort writ only.
Kirti Kar Tripathi
(Expert) 15 November 2010
I think that Mr. Burman is under misconception that Cr.P.c. 582 is similar to 226 and 226 of Constitution. Section 482 of Cr.P.C relates with inherent powers of High Court to make such orders as may be necessary to give effect to any order under Cr.P.C. whereas Article 226 relates with powers of High Court to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs and Article 227 relates with powers of superintendence to all subordinate courts and/or tribunals.
s.subramanian
(Expert) 16 November 2010
Scope of Art.226 and 227 are wider. Art.226 provides for writs and Art.227 provides for issuing directions of general superintendence over the subordinate courts. Sec.482 is confined only to criminal cases. Arts.226 and 227 can be invoked in criminal cases also but Sec.482 is not so.
G. ARAVINTHAN
(Expert) 16 November 2010
Any provision can be used but why to try 226 & 227 when there is specific thing for 482?
Debasish Hota
(Expert) 16 November 2010
Gone through the reply of Mr. Bhatia and agreed with the openion of Mr.Arunagiri, Mr.Tripathy and Mr. Subramanian.
