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        Case ID :

        2021 (8) TMI 720 - HC - Indian Laws

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        Repeated Section 482 challenge to coercive process failed where no change in circumstances was shown and non-appearance continued. Repeated invocation of inherent jurisdiction under Section 482 CrPC in relation to the same complaint proceedings was found unjustified where earlier ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                            Repeated Section 482 challenge to coercive process failed where no change in circumstances was shown and non-appearance continued.

                            Repeated invocation of inherent jurisdiction under Section 482 CrPC in relation to the same complaint proceedings was found unjustified where earlier Section 482 proceedings had already been dismissed, no change in circumstances was shown, and the applicants had continued to avoid appearance despite repeated warrants. The coercive process under Sections 82 and 83 CrPC was issued after persistent non-appearance, so no ground existed to interfere with the trial court's process. A suggested settlement did not alter the position because the pending complaint proceedings did not disclose any basis for intervention. The petition was therefore held not maintainable on the facts and was dismissed.




                            Issues: Whether a third application under Section 482 of the Code of Criminal Procedure, 1973 challenging issuance of non-bailable warrants and process under Sections 82 and 83 of the Code of Criminal Procedure, 1973 was maintainable and whether any ground was made out for interference.

                            Analysis: The challenge arose after earlier Section 482 proceedings relating to the same complaint had already been dismissed. The Court noted that the applicants had not appeared before the court below despite repeated warrants and that the impugned coercive process followed continued non-appearance. In these circumstances, and in the absence of any change in circumstances or other compelling ground, the Court found no basis to entertain another invocation of inherent jurisdiction. The suggestion of settlement did not alter the result, as the existing complaint proceedings did not warrant interference in this petition.

                            Conclusion: The application was not maintainable in the facts of the case and was liable to be dismissed.

                            Final Conclusion: Interference with the coercive process in the pending complaint proceedings was declined and the petition failed on maintainability as well as on merits.

                            Ratio Decidendi: Repeated invocation of inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 in relation to the same complaint proceedings, without any change in circumstances and in the face of continued non-appearance, does not justify interference with coercive process issued by the trial court.


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                            ActsIncome Tax
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