226 v/s 482 for quash
anand
(Querist) 08 April 2012
This query is : Resolved
I have seen occasional references to Articles 226/227 used as writs against false 498a as an alternative to quash u/s 482.
What the pros and cons of 226 versus 482?
1. Is 226 only possible if there are major excesses in investigation? Does 226 lack power to stay investigation otherwise?
2. Is 226 only possible if 482 has been exhausted as an alternate remedy? Judgements seem to support both sides.
Arvind Singh Chauhan
(Expert) 08 April 2012
1. Generally under 226 only arrest is stayed, it has no excess in investigation.
2. Under 482 whole proceeding including FIR, may be quashed, if found malafide or victious.
ajay sethi
(Expert) 08 April 2012
in Pepsi Food Limited vs. Special Judicial Magistrate, [1998 (5) SCC 749], that where the Court will exercise jurisdiction under Section 482 of the Code could not be inflexible or rigid formulae to be followed by the Courts could not be laid down. Exercise of such power would depend upon the facts and circumstances of each case but with the sole object of preventing abuse of the process of any Court, or otherwise to secure the ends of justice. It was also observed that it is well settled that these powers have no bar, but the same was required to be exercised with utmost care and caution. Accordingly, the learned Judges held that the power of the High Court under Section 482 of the Code to quash Criminal proceedings or FIR or complaint were not circumscribed by Section 320 of the Code of Criminal Procedure.
in B.S. Joshi's case it was held the power and authority of the High Court to exercise jurisdiction under Section 482 CrPC or under Article 226 of the Constitution to quash offences which are not compoundable. The law stated in the said case simply indicates the powers of the High Court to quash any criminal proceeding or First Information Report or complaint whether it be compoundable or not. The ultimate exercise of discretion under Section 482 CrPC or under Article 226 of the Constitution is with the Court which has to exercise such jurisdiction in the facts of each case. It has been explained that the said power is in no way limited by the provisions of Section 320 CrPC.
Shonee Kapoor
(Expert) 08 April 2012
I answered this query elsewhere in the forum.
At certain times the powers under these sections are overlapping.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sanjeev
(Expert) 08 April 2012
Generally article 226 is used at FIR stage before chargesheet is filed so it is for quashing of FIR and sec 482 is for quashing of chargesheet this is used posr chargesgeet filing.
Shonee Kapoor
(Expert) 11 April 2012
Not necessary.
Delhi HC is quashing FIRs under 482 even prior to CS.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
