Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2016 (11) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (11) TMI 1688 - SC - Indian LawsMaintainability of application - alternative remedy available to the Petitioner by way of revision - failure to make loan repayment - Section 156(3) of the Code of Criminal Procedure - HELD THAT:- The order of the High Court has no legs to stand in view of the law laid down by this Court in PRABHU CHAWLA VERSUS STATE OF RAJASTHAN AND ORS. [2016 (9) TMI 1595 - SUPREME COURT]. In view of the divergent opinions of this Court in the case of DHARIWAL TOBACO PRODUCTS LTD. AND ORS. VERSUS STATE OF MAHARASHTRA AND ORS. [2008 (12) TMI 811 - SUPREME COURT] and MOHIT ALIAS SONU AND ANOTHER VERSUS STATE OF U.P. AND ANOTHER [2013 (7) TMI 1005 - SUPREME COURT], the matter was placed before the three Judge Bench of this Court. The three Judge Bench took the view that Section 482 begins with a non-obstante clause to state "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". As Section 397 of Code of Criminal Procedure is attracted against all orders other than interlocutory, a contrary view would limit the availability of inherent powers Under Section 482, Code of Criminal Procedure only to petty interlocutory orders. A situation is wholly unwarranted and undesirable. Thus, mere availability of alternative remedy cannot be a ground to dis-entitle the relief Under Section 482 Code of Criminal Procedure - also it is felt that the learned Judge without appreciating any of the factual and legal position, in a mechanical way, passed the impugned order, which warrants interference by this Court. The matter is remanded to the High Court for reconsideration in the light of the settled legal position - Appeal allowed by way of remand.
|