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Supreme Court of India 2016-09-05 allowed

Prabhu Chawla vs State of Rajasthan & Anr

Bench: 3 — Shiva Kirti Singh

In Brief

The Supreme Court resolved a conflict in law regarding the scope of the High Court's inherent powers under Section 482 of the Criminal Procedure Code (CrPC). The Court held that the availability of an alternative remedy for criminal revision under Section 397 CrPC does not bar the exercise of inherent powers to prevent abuse of court process or secure justice. Section 482's non-obstante clause preserves the High Court's inherent jurisdiction even when specific remedies exist. The limitation on such powers is self-restraint, not statutory prohibition. The Court overruled contrary precedent and remitted three appeals to the High Court for fresh consideration under Section 482, emphasizing that inherent powers remain available in cases of abuse, though to be exercised sparingly and judicially.

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Criminal Procedure Inherent Powers High Court Jurisdiction Abuse of Process

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