Regarding Prayer of Issuing Writ of CERTIORARI in 482 Cr PC Supp Affidavit
2 months ago
Can we make a Prayer to Issue a writ, order or direction in the nature of CERTIORARI quashing the impugned First Information Report and Charge Sheet to the 482 Cr.P.C application filed before the Hon’ble High Court later in the form of Supplementary Affidavit or not?
A.Dear Client,
Section 482 of the CrPC empowers the High Court with inherent powers to intervene in subordinate court proceedings and quash FIRs in the interest of justice. This relief is available when no other legal provision addresses the aggrieved party's concerns. The issuance of a writ of certiorari is a remedy against overreaching jurisdiction, deficiency in jurisdiction, or legal mistakes. Unlike prohibition, which acts preventively, certiorari serves both preventive and corrective purposes. It can be directed against public officials, public corporations, tribunals, inferior courts, or the government.
Notably, serious offenses like those under Section 302 IPC or Sections 395, 307, or 304B cannot be compounded, preventing the High Court from quashing proceedings under Section 482 CrPC. In cases where an application under Section 482 is pending, a supplementary affidavit may be filed to request the issuance of a writ of certiorari. The High Court, based on the merits of the supplementary affidavit, may choose to allow or deny the request, exercising its inherent powers.
Section 482 of the CrPC empowers the High Court with inherent powers to intervene in subordinate court proceedings and quash FIRs in the interest of justice. This relief is available when no other legal provision addresses the aggrieved party's concerns. The issuance of a writ of certiorari is a remedy against overreaching jurisdiction, deficiency in jurisdiction, or legal mistakes. Unlike prohibition, which acts preventively, certiorari serves both preventive and corrective purposes. It can be directed against public officials, public corporations, tribunals, inferior courts, or the government.
Notably, serious offenses like those under Section 302 IPC or Sections 395, 307, or 304B cannot be compounded, preventing the High Court from quashing proceedings under Section 482 CrPC. In cases where an application under Section 482 is pending, a supplementary affidavit may be filed to request the issuance of a writ of certiorari. The High Court, based on the merits of the supplementary affidavit, may choose to allow or deny the request, exercising its inherent powers.
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A.Dear Sir,
You cannot do like that as per my knowledge is concerned but you may make an amendment to the prayer column.
You cannot do like that as per my knowledge is concerned but you may make an amendment to the prayer column.
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A.Dear Client,
Section 482 C.R.P.C provides inherent power to the High Court to interfere with proceedings of the subordinate court and quash of FIR to secure the end of justice. The relief under this section can be invoked when there exists no other provision of law by which the party aggrieved could have sought relief, or there may be no other provision left for the party to seek relief. A writ of certiorari is issued as a result of an overreaching jurisdiction, a deficiency in jurisdiction, or a legal mistake. As a result, certiorari is both preventive and curative as opposed to prohibition, which simply serves as a preventative measure. It can be issued by the Court against a public official, public corporation, tribunal, inferior court or the government. The cases under Section 302 IPC or other serious offenses like those under Sections 395, 307 or 304B cannot be compounded and hence proceedings in those provisions cannot be quashed by the High Court in the exercise of its power under Section 482 Cr. PC. A supplementary affidavit may be filed praying for issue of writ of Certiorari when the application under Sec.482 is pending and based on the merit of the supplementary affidavit, the High Court may allow or may not allow the same exercising its inherent powers.
Section 482 C.R.P.C provides inherent power to the High Court to interfere with proceedings of the subordinate court and quash of FIR to secure the end of justice. The relief under this section can be invoked when there exists no other provision of law by which the party aggrieved could have sought relief, or there may be no other provision left for the party to seek relief. A writ of certiorari is issued as a result of an overreaching jurisdiction, a deficiency in jurisdiction, or a legal mistake. As a result, certiorari is both preventive and curative as opposed to prohibition, which simply serves as a preventative measure. It can be issued by the Court against a public official, public corporation, tribunal, inferior court or the government. The cases under Section 302 IPC or other serious offenses like those under Sections 395, 307 or 304B cannot be compounded and hence proceedings in those provisions cannot be quashed by the High Court in the exercise of its power under Section 482 Cr. PC. A supplementary affidavit may be filed praying for issue of writ of Certiorari when the application under Sec.482 is pending and based on the merit of the supplementary affidavit, the High Court may allow or may not allow the same exercising its inherent powers.
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