quashing of criminal proceedings

Jatin Agarwal (Querist) 18 February 2010 This query is : Resolved
I want to ask that does the high court have the power under section 482 crpc to quash the criminal poceeding of sessions court in which sou moto cognigence is been taken by the sessions court ??

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Arvind Singh Chauhan (Expert) 18 February 2010
Why not?

Guest (Expert) 18 February 2010
if reasonable ground exist. hon'ble high court have the power under section 482 crpc to quash criminal procedings .

Raj Kumar Makkad (Expert) 18 February 2010
Yes. This is special power vested in High Courts

Parveen Kr. Aggarwal (Expert) 18 February 2010
"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."

Keeping in view of the language used in the section, it can be inferred that the provision gives the widest powers to High Court to pass any order for meeting the ends of justice including the quashment of criminal proceedings cognizance whereof has been taken by Sessions Court.

Jatin Agarwal (Querist) 18 February 2010
I agreed with you all but my question is more specified to proceedings having suo moto cognizance by the sessions court as the sessions court is not having original jurisdiction so QUASHING of criminal proceeding by the HC under inherent powers can be done or not??? as magistrate can take suo moto cognizance but not the sessions court.

Poonam Upadhyay pathak (Expert) 19 February 2010
Yes. High Court has a power u/s 482 of crpc to quash the criminal proceeding.

Jatin Agarwal (Querist) 19 February 2010
OK. It will be very helping if you can provide me with the case laws also ...

Srinath Kondapally (Expert) 20 February 2010
yes,High court can exercise such power U/S.482 of Cr.P.c.

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