9911796707
TMI Blog2023 (9) TMI 1492X X X X Extracts X X X X X X X X Extracts X X X X ..... e learned counsel appearing for the petitioners as according to him the present petition is also maintainable. This Court is unable to agree with the said contention. It is trite law that a Court while interpreting a provision of the Statute is bound to abide by what is expressed and contained therein without interfering or altering or carving out either a new meaning or something which is not manifest thereform. As per the facts of the present case, admittedly, when an appropriate and specific remedy of law under the (same) Statute being the CrPC is already available to the petitioners, this Court in view of the aforesaid conclusion and even otherwise as per the legal position finds no reason to interfere with the impugned order passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Today the learned counsel appearing for the petitioners in compliance of the said order has relied upon paragraphs 30-32 of Mrs. Anjula Divedi and Others vs State represented by Sub- Inspector of Police, Kyathasandra Police Station, Tumkur to contend that the present petition is very much maintainable before this Court. It is stated therein as under:- 30. What emerges from the above said decisions is that extraordinary power of the High Court under Section 482 of Cr.P.C., is not circumscribed by Section 397 or 401 of Cr.P.C. They operate distinctively and separately. Under certain circumstances the powers may overlap also. Though the same order passed by the Criminal Court is amenable under Section 397 of Cr5.P.C., where the Court can e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Code and the power of the high court under Section 482 of CrPC, may overlap to certain ext. because both are aimed at securing the ends of justice and both have an element of discretion. But, at the same time, inherent power under Section 482 of the Code being an extraordinary and residuary power, it is inapplicable in regard to matters which are specifically provided for under other provisions of the Code. To put it simply, normally the High Court will not invoke its power under Section 482 of the Code where a party could have availed of the remedy available under Section 397 of the Code. The inherent power under Section 482 of the Code are of a wide magnitude and are not as limited as the power under Section 397 of the Code. Therefore, S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s per se not maintainable under Section 482 CrPC as the appropriate remedy for the petitioners is to file a revision petition under the relevant provision of Section 397 CrPC. 5. More so, when it is settled position of law that the inherent powers under Section 482 of the CrPC is sparingly exercised with utmost caution and care and that to only when a party, being the petitioners herein, is able to justify the use/exercise thereof to the satisfaction of this Court. 6. Even otherwise, this Court finds that there is no averment, categoric or otherwise in the present petition, to show that the present case is one such extra ordinary case which calls for interference by this Court under Section 482 of the CrPC. In fact, there is no denial of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng or something which is not manifest thereform. As per the facts of the present case, admittedly, when an appropriate and specific remedy of law under the (same) Statute being the CrPC is already available to the petitioners, this Court in view of the aforesaid conclusion and even otherwise as per the legal position finds no reason to interfere with the impugned order passed by the learned Trial Court. 10. The petitioners cannot be allowed to bypass the already existing alternate efficacious statutory remedy under Section 397 CrPC which is specifically provided and available to them 11. Accordingly And even otherwise, after finding that there is no pleading to the effect that the case of the petitioners is such that this Court can exercise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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