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Section 482 of the Code of Criminal Procedure saves the inherent powers of High
Courts. It provides that nothing in the 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 the Code, or to prevent abuse of the process of any Court or
Invoking such powers, the High Court can quash FIR or criminal proceedings arising
out of it, to secure ends of justice or if it finds that the same is an abuse of process of
court. The following are the judgments delivered by the Supreme Court in 2021 which
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Blanket Order Of Protection From Arrest Cannot Be Passed By High Court While
blanket order of protection from arrest cannot be passed by the High Court while
dismissing a petition filed under Section 482 of Code of Criminal Procedure seeking
quashing of FIR. The issue raised in this appeal was whether the High Court of Andhra
Pradesh was justified in passing a blanket direction restraining the police from
arresting the accused while at the same time having come to the conclusion that
there was no merit in the petition for quashing under Section 482.
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A bench comprising of Justices Indu Malhotra and Ajay Rastogi observed that
observed that simply because there is a remedy provided for breach of contract or
arbitral proceedings initiated at the instance of the complainant, that does not by itself
clothe the court to come to a conclusion that civil remedy is the only remedy, and the
initiation of criminal proceedings, in any manner, will be an abuse of the process of the
court for exercising inherent powers of the High Court under Section 482 CrPC for
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The bench said that to exercise powers under Section 482 CrPC, the complaint in its
entirety shall have to be examined on the basis of the allegation made in the
complaint/FIR/charge-sheet and the High Court at that stage was not under an
High Courts Shall Not Pass Order Of 'Not To Arrest' Or 'No Coercive Steps' While
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2021 SC 211]
A bench comprising Justices DY Chandrachud, MR Shah and Sanjiv Khanna held that
a High Court, while dismissing/disposing of the quashing petition under Section 482
CrPC and/or under Article 226 of the Constitution of India, shall not pass order of not
to arrest and/or "no coercive steps" either during the investigation or till the
It observed that when the investigation is in progress and the facts are hazy and the
entire evidence/material is not before the High Court, the High Court should restrain
itself from passing the interim order of not to arrest or "no coercive steps to be
adopted" and the accused should be relegated to apply for anticipatory bail under
Power Under Section 482 CrPC Cannot Be Used To Undermine Statutory Dictate
The power under Section 482 of CrPC cannot be used to overlook the undermining of
In this case, the High Court allowed an interlocutory application filed by a Company
maintained with the ICICI Bank and to unfreeze the bank account of its creditors over
which the lien has been created and the accounts frozen pursuant to the lodging of an
FIR by the Interim Resolution Professional. "We have to also in this context bear in
mind that the High Court appears to have, in passing the impugned order, which is an
interim order for that matter, overlooked the salutary limits on its power under Section
482. The power under Section 482 may not be available to the Court to countenance
the breach of a statuary provision. The words 'to secure the ends of justice' in Section
482 cannot mean to overlook the undermining of a statutory dictate, which in this
case is the provisions of Section 14, and Section 17 of the IBC", the bench observed.
Dismissal Of An Earlier Section 482 CPC Petition Does Not Bar Filing Of Subsequent
Dismissal of an earlier Section 482 CrPC petition does not bar filing of subsequent
petition under Section 482, in case the facts so justify, the Supreme Court reiterated
while dismissing a writ petition filed by an IAS Officer. The Bench comprising Justice
UU Lalit and Justices Indira Banerjee and Ajay Rastogi observed that it sees no reason
to entertain the petition under Article 32. "The petitioner, if so advised, can always file
appropriate applications under the Code of Criminal Procedure seeking quashing of
Section 482 CrPC: Interim Protection Order Can Be Passed In Exceptional Cases
The Supreme Court observed that the High Courts can pass interim protection order in
Section 482 CrPC petitions in exceptional cases by giving brief reasons. What is
tendency of the courts to pass blanket, cryptic, laconic, nonspeaking orders reading
"no coercive steps shall be adopted", the bench comprising Justices Indira Banerjee
Quashing Of FIR: Detailed Enquiry On Merits Not Warranted U/s 482 CrPC
The Supreme Court has reiterated that a detailed enquiry into the merits of the
allegations is not warranted while exercising jurisdiction under Section 482 of the
Shah observed that while exercising jurisdiction under Section 482 of the Criminal
Procedure Code, the High Court ought not to be scrutinizing the material in the
manner in which the trial court would do in the course of the criminal trial after
evidence is adduced.
Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In
under Section 482 of Criminal Procedure Code when there are serious triable
of quashing of proceedings in exercise of powers under Section 482 CrPC, the Bench
of Justices DY Chandrachud and MR Shah reiterated while setting aside a High Court
judgment.
Section 482 CrPC: High Court Not Required To Appreciate Evidence To Find Out
The Supreme Court reiterated that, at Section 482 CrPC stage, a High Court is not
required to appreciate the evidence to find out whether the accused is likely to be
observed, "The High Court has entered into the appreciation of the evidence and
considered whether on the basis of the evidence, the accused is likely to be convicted
or not, which as such is not permissible at all at this stage while considering the
Section 482 CrPC: High Court Not Required To Appreciate Evidence To Find Out
The Supreme Court reiterated that, at Section 482 CrPC stage, a High Court is not
required to appreciate the evidence to find out whether the accused is likely to be
observed, "The High Court has entered into the appreciation of the evidence and
considered whether on the basis of the evidence, the accused is likely to be convicted
or not, which as such is not permissible at all at this stage while considering the
The Supreme Court observed that a High Court can quash criminal proceedings in
exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are non-
comprising CJI NV Ramana and Justice Surya Kant added that criminal proceedings
nature, can be quashed irrespective of the fact that trial has already been concluded
Civil Dispute Given Colour Of Criminal Offence: Supreme Court Says Criminal
Dispute of a civil nature has been given colour of criminal offence, the Supreme Court
the High Court should examine whether a complaint discloses criminal offence or not
depends on the nature of the allegation and whether the essential ingredients of a
criminal offence are present or not. Section 482 is designed to achieve the purpose of
ensuring that criminal proceedings are not permitted to generate into weapons of
harassment, the court reiterated. In this case, an FIR was lodged against the power of
attorney of the complainant and the purchaser of the property. Examining the FIR, the
court observed that the criminal proceedings are being taken recourse to as a weapon
Offences Under Special Statutes Including SC/ST Act Can Also Be Quashed By
The Supreme Court observed that criminal proceedings arising out of Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities Act), 1989 can be quashed
Procedure Code. "The mere fact that the offence is covered under a 'special statute'
would not refrain this Court or the High Court, from exercising their respective powers
under Article 142 of the Constitution or Section 482 CrPC", a three judges bench
comprising CJI NV Ramana, Justices Surya Kant and Hima Kohli observed. The Bench
opined, "where it appears to the Court that the offence in question, although covered
under the SC/ST Act, is primarily private or civil in nature, or where the alleged offence
has not been committed on account of the caste of the victim, or where the
continuation of the legal proceedings would be an abuse of the process of law, the
The allegations made in the FIR had an overwhelmingly and predominatingly a civil
flavour, the Supreme Court remarked while quashing a criminal proceeding. The bench
of Justices Dinesh Maheshwari and Vikram Nath observed that inherent powers
should be exercised in a given and deserving case where the Court is satisfied that
exercise of such power would either prevent abuse of such power or such exercise
would result in securing the ends of justice. In this case, the complainant alleged that
he had paid money to the accused to get employment for his son abroad. That they
did not honour their promise and harassed his son and did not arrange for a job as per
their promise. The High Court dismissed the petition filed by the accused and declined
to quash the proceedings on the ground that a perusal of the FIR goes to show that
the name of the accused is specifically mentioned in the FIR and criminal acts have
been attributed to him. "In our view, the present one is amongst those fittest cases
where the High Court ought to have exercised its powers under Section 482 Cr.P.C.
and ought to have secured the ends of justice by closing the proceedings against the
High Court Cannot Quash Criminal Proceedings U/Sec 482 CrPC Relying On 'Draft
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 has observed. The bench comprising Justices
DY Chandrachud and BV Nagarathna observed that a High Court can neither direct an
investigating agency to submit the investigation report before it nor can it quash a
criminal proceeding under Section 482 relying on such a report when the report has
The Supreme Court observed that while exercising jurisdiction under Section 482 of
Criminal Procedure Code, a High court cannot embark upon any enquiry as to the
reliability or genuineness of allegations made in the FIR/complaint. The powers under
Section 482 Cr.P.C. is very wide, but conferment of wide power requires the court to be
more cautious, the bench comprising Justices MR Shah and BV Nagarathna said.
Section 482 CrPC - High Court Can't Pass Adverse Orders Or Observations Against
[Case: Anu Kumar v. State (UT Administration) & Anr; Citation: LL 2021 SC 757]
The Supreme Court observed that the High Court in a petition for quashing filed by the
accused u/s 482 CrPC cannot issue directions for proceeding against a third party
who was neither before the Court and nor was given any opportunity before passing
the order. A bench of Justices AM Khanwilkar and CT Ravikumar examine whether the
High Court in a petition for quashing filed by the accused u/s 482 CrPC could issue
directions to proceed against a third party who was neither before the Court and nor
was given any opportunity before passing the order and also make observations.
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