What is Section 561 A CrPC?
This Section confers the Magistrate with the power to issue a search warrant for the production of the confined person before the Court only if he has the reason to believe that the person has been kept in illegal confinement and such confinement constitutes an offence.
What is Section 482 CrPC?
482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
On which circumstances HCD can exercise its inherent power?
In the criminal adjudication, when in a Court proceeding any law is violated which causes abuse of the process of court or causes injustice, the High Court Division shall invoke its inherent power to prevent such abuse and secure ends of justice.
What is FIR quashing?
FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused. An FIR an be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous.
What is the difference between 151 CPC & 561 Cr PC?
🔮151 deals with the inherent powers of the court in *cpc*. While 561-A deals with the inherent powers of the court in *crpc*. 🔮Sec 151deals with the inherent powers of *all the courts*, while 561-A deals with the inherent powers of *High court* only.
What is inherent power of court?
Inherent powers of courts are those powers which may be applied by the court to perform full and complete justice between the parties before it.
Can 498a be quashed?
The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC.
Can chargesheet be quashed?
A High Court cannot place reliance on a “draft charge-sheet” which is yet to be placed before the Magistrate to quash the criminal proceedings under Section 482 of Criminal Procedure, the Supreme Court observed in a judgment delivered on Friday (12 November 2021).
What are the limitation of revision power of HCD?
While exercising the power of revision, the HC has to work I conformity with two statutory limitations: The powers of revision shall not be exercised in any interlocutory order; The court having exercised such power shall not have the power to convert a finding of acquittal into one of conviction.
How many grounds have been given for the exercise of inherent power?
The Hon’ble Supreme Court in State of Karnataka v. Muniswamy AIR 1977 SC 1489, held that the section envisages 3 circumstances in which the inherent jurisdiction may be exercised, namely, “to give effect to an order under CrPC, to prevent abuse of the process of the court, and to secure the ends of justice“.
Can a chargesheet be quashed?
What is chargesheet in CRPC?
A charge sheet is a final report prepared by the investigation or law enforcement agencies for proving the accusation of a crime in a criminal court of law. Charge sheet is an important mechanism which the magistrates scrutinizes and makes a pre-inquiry of it to understand the culpability of the offender in the crime.
What is the scope of section 561A CrPC?
Conclusion:- Section 561A CrPC has a very wide scope and it’s really important for the courts to use it properly and wisely. Many a time it has been observed that when there is an issue of money for e.g. any money matter then the petitioner instead of filing a civil suit files an FIR against the other person just to harass him.
What is section 561A in criminal law?
Section 561A —When the petitioner’s conviction is not based on any legal evidence and it is based only on the statement of the victim made under section 164 CrPC the judgment under Nano-Shishu Nirjatan Ain is quashed. Azibor Mollick vs State 52 DLR 576.
What is section 561A of the Indian Constitution?
Section 561A —The allegation as depicted in the complaint is an outcome of a typical partnership business transaction which is civil in nature and, as such, continuation of criminal proceeding against the petitioner certainly tantamount to abuse of the court and law and, as such, it should be quashed.
What is section 561A of the Special Powers Act?
Section 561A —An appeal filed under section 30 of the Special Powers Act but not admitted for hearing as it was found barred by limitation can be allowed to be converted to a miscellaneous case under section 561A of the CrPC for securing the ends ofjustice. Sohail Ahmed Chowdhury vs State 47 DLR 348.