Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 was maintainable when the petitioner had an available revisional remedy under Section 397 of the Code of Criminal Procedure, 1973 against the order issuing process.
Analysis: The availability of a revisional remedy does not, as an absolute rule, exclude the High Court's jurisdiction under Article 227 or Section 482. However, the inherent jurisdiction under Section 482 is to be exercised sparingly and only in exceptional cases where intervention is necessary to prevent abuse of process or to secure the ends of justice. The supervisory jurisdiction under Article 227 is likewise discretionary and is not ordinarily invoked where an efficacious statutory remedy is available. Since the petitioner had not exhausted the revision remedy against the order issuing process, the petition was not a fit case for interference.
Conclusion: The petition was not maintainable at this stage and was rejected.