U/s cr.pc 482

@Author

This section defines the Inherent Powers of the all the High Courts in India. If an application is moved under S.482 CrPC, the Hon'ble High Court may in it's own discretion, take any decision as it may be pleased to meet the ends of justice.

Order to register a FIR could also be achieved by filing an application before the concerned Judicial Magistrate. If that Magistrate fails to take action on your application, then next stage should be High Court.

//peace

/Saurabh..V

Inherent power provided to the High courts under section 482 Criminal Procedure Code are very vast to prevent to prevent abuse of the process of any court or otherwise to secure the ends of justice. However the High Court has to cautiously use this inherent power, in order to do that it has to follow the principle of natural justice & pass any order within the frame work of the Constitution of India. The order that will be passed under section 482 Cr.P.C cannot be detrimental in the interest of any party. If the High Court has been requested to recall its previous order the court will first ascertain if the other party/respondent has been given opportunity to defend itself. Only after going through all objections of the respondent if in the interest of justice it appears the previous order of the court was erroneous as it was not based on the facts & circumstances of the case the court will amend such order or in other words you can say it has recalled its previous order. In the present case what we can observe then High Court had passed some order in absence of the respondent/other party wherein it has remanded back the criminal complaint to the presiding magistrate for further hearing. If the High court had passed such order after giving sufficient opportunity to the respondent but the respondent failed to be present in person or through its counsel or convince the court with his defense, then the order of the High Court in the criminal revision cannot be amended under section 482 Cr.P.C, its only if the respondent was not provided sufficient opportunity to defend his case in criminal revision or if the order of the high court was sufficiently erroneous in nature thus amounting to abuse in the process of justice or court such order can be amended U/S 482 Cr.P.C. Merely for the sake of reviewing the previous order of the court the Respondent cannot be allowed to file such criminal miscellaneous application under section 482 Cr.P.C if he has been heard by the High court in the Criminal Revision, based on the complete facts & circumstances of the case & held that the criminal complaint was being heard by the lower court of competent jurisdiction & within its judicial powers, thus order passed, remanding back the criminal complaint for further hearing.

Respected Sirs,

X lodged a complaint in a police station to take action on Y for refusing to give money back and threatened to kill his staff Z who went to Y's house for asking money back in Oct 2012. the complaint supported with no proof for any incidents mentioned above. As X bribed police, the honest and dutiful policemen arrested Y at 4.15 am and taken to the police station. Later somehow Y managed with local people and came out from police station after giving a written statement stated that no such incidents had happened and if there is any proof for the money, Y would return such money back. after 10 months period,all of a sudden, X moved to HC to pray an order for file a FIR on Y.  the entire story built up by X is false.

What will happen now? kindly advise on the same...