TaxTMI 
TaxTMI 
2023 (9) TMI 1492
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....he SHO PS: Kirti Nagar to register an FIR based on the complaint dated 07.12.2020 filed by the petitioners herein and initiate an investigation in the matter. 2. A perusal of the last order dated 03.07.2023 shows that when the present matter was listed for the first time the learned APP appearing for the State had raised an objection qua maintainability of the instant petition in the present form under Section 482 CrPC as the petitioners had an alternate efficacious remedy of filing a revision under Sections 399/400 read with Section 397 of the CrPC. It was in view thereof, that the learned counsel appearing for the petitioners sought time to satisfy this Court. 3. Today the learned counsel appearing for the petitioners in compliance ....
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....are of the situation and pass appropriate orders. The High Court only after exercising sound discretion, can relegate the parties to approach the revisional Court for their remedies. Therefore the High Court has to take a decision after going through the materials on record and hearing the parties whether it is a fit case to exercise power under Section 482 of Cr.P.C., or not. In the sense, the petitioner under Section 482 Cr.P.C., cannot be out rightly rejected on the said sole ground that the order of the Criminal Court is revisable and therefore, the power under Section 482 of Cr.P.C. is barred. 31. As mentioned supra, the powers of the revisional Come under Section 397 of the Code and the power of the high court under Section 4....
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....ons, we answer the question referred to us in the following manner: The petition filed under Section 482 of CrPC is maintainable under extraordinary circumstances mentioned supra, though remedy is available against the order of the Criminal Court under Section 397 of CrPC. However, jurisdiction under Section 482 of CrPC will be exercised in such an event by the High Court with utmost care and caution, sparingly and under extraordinary circumstances. The records shall be placed before the Learned Judge having roster to decide the criminal petition on merits. 4. However, considering the settled legal position and the facts involved in the present petition, in the opinion of this Court, the present petition is per se not m....
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....s 482 of the Cr.P.C. read with Article 226 of the Constitution of India." 7. In the opinion of this Court, the above is of little, in fact, of no assistance to the petitioners as the same is merely a formal assertion made by the petitioners without there being any such averment anywhere in the present petition. 8. Moreover, the said position of law has also been affirmed by Mrs. Anjula Dwivedi and Ors. (supra) cited by the learned counsel for the petitioners as is apparent from the quoted paragraphs therefrom which are reproduced hereinabove. 9. It is trite law that a Court while interpreting a provision of the Statute is bound to abide by what is expressed and contained therein without interfering or altering or carving out either....