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Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
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Section 528 BNSS confers an extraordinary inherent power to be used sparingly to prevent abuse of process or secure the ends of justice, and not as a substitute for the ordinary statutory remedy. The HC held that a composite challenge to distinct criminal orders arising at different stages could not be maintained in a single rolled-up petition, especially where the orders rejecting discharge and framing charge were separately revisable. Because the petitioner had an efficacious remedy, did not pursue it within limitation, and approached the court belatedly after trial had commenced and participation in proceedings had occurred, the inherent jurisdiction could not be invoked to bypass the revisional forum. The petition was dismissed as not maintainable, and conversion into a criminal revision was refused.
Section 528 BNSS confers an extraordinary inherent power to be used sparingly to prevent abuse of process or secure the ends of justice, and not as a substitute for the ordinary statutory remedy. The HC held that a composite challenge to distinct criminal orders arising at different stages could not be maintained in a single rolled-up petition, especially where the orders rejecting discharge and framing charge were separately revisable. Because the petitioner had an efficacious remedy, did not pursue it within limitation, and approached the court belatedly after trial had commenced and participation in proceedings had occurred, the inherent jurisdiction could not be invoked to bypass the revisional forum. The petition was dismissed as not maintainable, and conversion into a criminal revision was refused.
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