Criminal Procedure Code, 1973, Section 362 -- Review/recall of order - Prohibition of S.362 Cr.P.C. is absolute and when judgment has been signed even High Court in exercise of its inherent power u/s 482 Cr.P.C. has no authority or jurisdiction to alter or review the same...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Bharatiya Nyaya Sanhita, 2023, Section 115(2), 351(2), 351(3), 352, 310(2) -- Quashing of FIR - Compromise - Offence u/ss 115(2), 351(2), 351(3), 352, 310(2) of BNS - All the offences is inseparable and arises from a single transaction - Once High Court exercised its inherent jurisdiction to quash FIR with respect to..........
Constitution of India, 1950, Article 32, 226 -- Direction for CBI inquiry - Directions for CBI enquiry should not be ordered by High Courts or Supreme Court in a routine manner - Exercise of inherent powers to direct CBI to investigate must be exercised sparingly, cautiously and only in exceptional situations...........
Criminal Procedure Code, 1973, Section 482 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.528) - Direction for investigation - High Courts while exercising its inherent powers u/s 482 Cr.P.C. can issue directions for prompt and proper investigation - However, it would be out of bounds to instruct investigation to be completed in a certain time frame in alignment with..........
Indian Penal Code, 1860, Section 302, 148, 34 -- Murder - Important witnesses have been declared hostile - I.O. not examined - Failure to examine I.O. also means that place of occurrence has not been duly established - Doctor has not been examined and post-mortem report has not been brought on record - Cause of death therefore, remains unproved - Prosecution case suffers..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where a dispute which is essentially of a civil nature, is given cloak of a criminal offence, then such disputes can be quashed by exercising inherent powers u/s 482 Cr.P.C...........
Service -- Disability during service - Retirement on medical grounds must be a measure of last resort, only after employer exhausts all reasonable avenues for redeployment - This principle is inherent in the concept of "reasonable accommodation", which is now recognised as an aspect of substantive equality u/arts 14 and 21 of Constitution - Failure to explore alternate..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order - Exercise of inherent powers is not limited to a separate application filed u/s 482 Cr.P.C and such power can be exercised by Court in any proceeding before it to make such orders as may be necessary to give effect to any order under Cr.P.C or to prevent abuse of process of any Court or otherwise to secure the..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order - Court in exercise of its inherent powers recognized u/s 482 Cr.P.C, can recall an order passed in any case ex-parte upon sufficient cause being shown for non-appearance when the case was decided - However, in exercise of inherent powers a Bench of High Court cannot interfere in any order passed by another..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), 3(5), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Cancellation of bail - Kidnapping and rape - Session Court granted bail - Even though concurrent powers vested in High Court along with Special Court or Sessions Court to grant or cancel..........
