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TMI Blog2016 (11) TMI 1688X X X X Extracts X X X X X X X X Extracts X X X X ..... ER [ 2013 (7) TMI 1005 - SUPREME COURT] , the matter was placed before the three Judge Bench of this Court. The three Judge Bench took the view that Section 482 begins with a non-obstante clause to state 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 . As Section 397 of Code of Criminal Procedure is attracted against all orders other than interlocutory, a contrary view would limit the availability of inherent powers Under Section 482, Code of Criminal Procedure only to petty interlocutory orders. A situation is wholly un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 1 filed a Suit seeking specific performance of the agreement to sell. It appears, in the meantime, the H.D.F.C. Bank issued auction notification as the husband of the Respondent No. 2 failed to make the loan payment. Then the Respondent No. 2 and the H.D.F.C. Bank were also added as Defendants to the Suit. After the death of the 2nd Respondent's husband, she filed a private complaint against the Appellant alleging that the Appellant has forced her husband to sign on blank papers and was threatening him from 1999 to 2001. The trial court, by order dated 16.08.2012, has issued a direction to the police to register the complaint as the allegations disclose commission of a cognizable offence and further directed the police to investigate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eps as are available in law and further directed to complete the investigation within three months from the date of the order. 7. The learned Counsel appearing for the Appellants relied upon the judgment of this Court in Dhariwal Tobacco Products Ltd. and Ors. v. State of Maharashtra and Anr. (2009) 2 SCC 370: ...Only because a revision petition is maintainable the same by itself, in our considered opinion, would not constitute a bar for entertaining an application Under Section 482 of the Code. Eyen where a revision application is barred, as for example the remedy by way of Section 115 of the Code of Civil Procedure, 1908, this Court has held that the remedies under Articles 226/227 of the Constitution of India would be available. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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