THE SUPREME COURT RECENTLY SET ASIDE A HIGH COURT ORDER UNDER SECTION 482 CRPC, OBSERVING THAT APPLICATION FILED BY A PERSON UNCONNECTED WITH PROCEEDINGS CANNOT ORDINARILY BE ENTERTAINED BY HIGH COURTS.
WHAT IS SECTION 482 OF CRPC?
• Section 482 of the Code of Criminal Procedure allows High Court to pass necessary orders, which it thinks would be necessary for conducting a criminal trial and preventing misuse of procedure or giving effect to any other order
• Section 482 reads, “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 under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”
THE PRESENT CASE
• Sanjai Tiwari v. State of Uttar Pradesh
• The accused in lower court was charged under various provisions of Indian Penal Code and Prevention of Corruption Act
• A person, who claimed to be social activist and was completely unrelated to the case filed an application before High Court under Section 482 CrPC seeking directions to Trial Court for conducting the trial more expeditiously
• The High Court passed the order, which was now challenged by the accused in the Supreme Court.
SUPREME COURT'S ORDER
• The Supreme Court observed that the provisions of Section 482 are necessary for proper conducting a criminal trial
• However, an application under it cannot be filed by such person who is completely unrelated to the case or proceedings
• It remains open to the Trial Court to conduct the proceedings expeditiously according to the circumstances
• However an unrelated person seeking order under Section 482 holds no merit, and the High Courts do not have to ordinarily entertain such applications.
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