The Supreme Court of India has expressed disapproval of high courts’ frequent use of Section 482 of the Criminal Procedure Code, urging caution and a rare application of its powers. Justices Bela M. Trivedi and Prasanna B. Varale emphasized that while this section can be invoked to dismiss cases lacking prima facie evidence or with malicious intent, high courts should refrain from interference during the early stages of investigations.
New Delhi: The Supreme Court of India has expressed disapproval regarding the frequent invocation of inherent powers granted to high courts under Section 482 of the Criminal Procedure Code (CrPC) to intervene in criminal investigations and offer protection to the accused. The apex court, in its ruling, emphasized that such statutory powers must be utilized sparingly, with caution, and only in the rarest of circumstances.
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The Supreme Court’s interference came in response to a case where the Allahabad High Court had issued an order restraining the police and the Enforcement Directorate (ED) from taking coercive measures against officials of Indiabulls Housing Finance Limited.
The bench remarked that the High Court’s orders showed blatant disregard for the guidelines previously set by a three-judge bench of the Supreme Court.
A bench comprising Justices Bela M. Trivedi and Prasanna B. Varale highlighted that while it is acceptable to invoke Section 482 of the CrPC to dismiss proceedings if the allegations in the First Information Report (FIR) or complaint do not constitute a prima facie offense or if the criminal proceedings appear to be evidently malicious, high courts should refrain from exercising this power during the initial stages of an investigation.
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The Supreme Court reiterated that Section 482 of the CrPC should be exercised judiciously. The powers vested in the High Courts under Section 482 of the CrPC emphasize the need for adherence to established legal principles and guidelines.
Section 482 in The Code of Criminal Procedure, 1973
Saving of inherent powers of High Court.
Nothing in this 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 this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
“It hardly needs to be reiterated that inherent powers under Section 482 do not confer any arbitrary jurisdiction on the high court to act according to whims or caprice. The statutory power has to be exercised sparingly, with circumspection, and in the rarest of cases. In a way, by passing such orders of staying investigations and restraining investigating agencies from taking any coercive measure against the accused pending petitions under Section 482, the HC has granted blanket orders restraining the arrest without the accused applying for anticipatory bail under Section 438.”
-The bench said