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Supreme Court of India 2016-11-28 remanded

Vijay and anr vs State of Maharashtra and Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellants, facing criminal charges for fraud and coercion, challenged the High Court's dismissal of their petition for quashing the proceedings under Section 482 CrPC. The High Court had rejected their petition solely on the ground that alternative statutory remedies were available. The Supreme Court held that mere availability of alternative remedies cannot bar the exercise of inherent powers under Section 482. The Court set aside the High Court's order and remanded the case for reconsideration on the merits, emphasizing that Section 482's non-obstante clause preserves judicial discretion to prevent abuse of process and ensure justice, independent of other available remedies.

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Criminal Procedure Inherent Powers Section 482 CrPC Alternative Remedies High Court Jurisdiction

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