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of <h1>Maintainability of Writ Petition under Criminal Procedure Code and Constitutional Powers</h1> The Court found the writ petition under Section 482 of the Criminal Procedure Code read with Article 227 of the Constitution of India to be maintainable. ... - Issues:1. Maintainability of the writ petition under Article 227 and Section 482 of the Criminal Procedure Code.2. Interpretation of the inherent powers of the High Court under Section 482.3. Comparison of various judgments regarding the quashing of orders of issuance of process.4. Consideration of the exercise of power under Article 227 of the Constitution of India.Issue 1: Maintainability of the writ petition under Article 227 and Section 482 of the Criminal Procedure Code:The High Court deliberated on the maintainability of a writ petition under Article 227 and Section 482 of the Criminal Procedure Code against the order of issuance of process. The Court acknowledged that while such petitions are generally maintainable, there may be instances where the appropriate remedy would be to file a revision before the Sessions Court. The Court cited previous judgments to support its stance that the availability of an efficacious remedy through revision should not deprive the applicants of the same.Issue 2: Interpretation of the inherent powers of the High Court under Section 482:The Court extensively discussed the inherent powers conferred by Section 482 of the Criminal Procedure Code, emphasizing that the exercise of such powers is an exception rather than the rule. The section allows the High Court to prevent abuse of the court's process and secure the ends of justice. The Court highlighted the need to exercise these powers sparingly and with caution, ensuring that justice is served. It reiterated that the Court does not function as an appellate or revisional authority while exercising these inherent powers.Issue 3: Comparison of various judgments regarding the quashing of orders of issuance of process:The Court compared and analyzed several judgments, including those of the Apex Court, to determine the validity of quashing orders of issuance of process under Section 482. It referenced cases where the Apex Court entertained petitions under Section 482 and quashed complaints of offenses. The Court emphasized that the power under Section 482 should be exercised judiciously to prevent abuse of the court's process and promote justice.Issue 4: Consideration of the exercise of power under Article 227 of the Constitution of India:The Court examined the power conferred under Article 227 of the Constitution of India, highlighting that the High Court has the jurisdiction to make necessary directions to guide lower courts or tribunals. It emphasized that the exercise of power under Article 227 should be done sparingly and with care, but it is a vested authority of the High Court. The Court clarified that the availability of an alternate remedy does not bar invoking power under Article 227, as each case's facts and circumstances must be considered.In conclusion, the Court found the present petition under Section 482 of the Criminal Procedure Code read with Article 227 of the Constitution of India to be maintainable based on the facts and circumstances of the case. The Court granted interim relief and set a returnable date for further proceedings.
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