2024 (12) TMI 1784

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....tsal Joshi, Adv. Mr. Gurdeep Wadhwa, Adv. Mr. Akshay Amritanshu, AOR Ms. Swati Mishra, Adv. Ms. Pragya Upadhyay, Adv. Ms. Drishti Saraf, Adv. For the Respondent : None ORDER 1. Service of notice upon the respondent is complete, but no one has entered appearance on his behalf. 2. Leave granted. 3. We have heard learned counsel for the appellant. 4. The appellant by means of this a....

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....rPC. 7. This Court has, in a catena of decisions, provided that nomenclature of a petition is immaterial and for doing substantive justice, the High Court can always convert a petition under Section 482 CrPC to a revision under Section 397 CrPC and vice versa. The approach of the High Court in dismissing the petition filed by the appellant under Section 482 CrPC on the hyper technical ground th....

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.... 482 CrPC. The inherent powers should not invade areas set apart for specific powers conferred under CrPC but there is no total ban on the exercise of inherent powers where abuse of process of Court or other extraordinary situation warrants exercise of inherent jurisdiction. The limitation is self-restraint, nothing more. Availability of alternative remedy of criminal revision under Section 397 Cr....