Criminal

Inherent Power of High Court

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CRIMINAL MISCELLANEOUS
QUASHING
FIR
Entire Proceedings
Cognizance Order
Discharge Order
Order passed u/s 311
Order passed u/s 319
 Offences relating to women & Children
  1. The inherent powers of the High Court, which are obviously not defined being inherent in its very nature, cannot be stretched to any extent and nor can such powers be equated with the appellate powers of the High Court defined in the Code.In our considered opinion, once the Court finds that the FIR does disclose prima facie commission of any cognizable offence, it should stay its hand and allow the investigating machinery to step in to initiate the probe to unearth the crime in
    accordance with the procedure prescribed in the Code. [Dineshbhai Chandubhai Patel VS State of Gujarat & Ors..SC January 5, 2018 ]
  2. FIR-The law on the question as to when a registration of the FIR is challenged seeking its quashing by the accused under Article 226 of the Constitution or Section 482 of the Code and what are the powers of the High Court and how the High Court should deal with such question is fairly well settled.[ State of West Bengal & Ors. vs. Swapan Kumar Guha & Ors. (AIR 1982 SC 949)]