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2017 (3) TMI 1771

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..... wer under Section 482 of CrPC has no authority or jurisdiction to alter/review the same. The inherent power under Section 482 of CrPC was purported to avoid the abuse of the process of the Court and to secure ends of justice. Such power cannot be exercised to do something which is expressly barred under the Code. If any consideration of the facts by way of review is not permissible under the Co .....

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..... ture at Patna in Criminal Miscellaneous No. 47160 of 2015 whereby the High Court allowed the modification application, filed by the respondent against the order dated 25.06.2015 in Criminal revision No. 705 of 2014 passed by the High Court, and passed a new order reversing the earlier order. 4. A brief factual background would be necessary to decide the short question of law which has ar .....

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..... e the order of the trial Court which had granted maintenance. Subsequently, respondent no. 2 (wife) and respondent no. 3 filed a modification application before the High Court challenging the revision order. Again the High Court vide order dated 18.05.2016, allowed the modification application and resurrected the order of the trial Court granting maintenance. 5. In this background we are .....

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..... to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. 7. Plain reading of these Sections indicate that the prohibition under the Section 362 of CrPC is absolute; after the judgment is signed even the High Court in exercise of its inherent power under Section 482 of CrPC has no authority or jurisdiction to alter/review th .....

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