The petitions were dismissed due to delay, laches, and failure ...

Petitions dismissed for delay, laches & not availing s.397 CrPC remedy. S.482 powers can't override specific provisions like s.397(2).

July 5, 2024

Case Laws Indian Laws HC

The petitions were dismissed due to delay, laches, and failure to avail the alternate efficacious remedy of revision petitions u/s 397 of CrPC. The inherent powers u/s 482 CrPC, though wide, are subject to self-restraint and should not subvert specific provisions like Section 397(2) CrPC. The petitioners let the proceedings continue and challenged maintainability only after the complainant's evidence stage, despite having an efficacious alternate remedy available earlier. Allowing such petitions after inordinate delay would defeat the purpose of limitation prescribed for revisions. Hence, no interference was warranted u/s 482 CrPC.

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The petitions were dismissed due to delay, laches, and failure ...

Petitions dismissed for delay, laches & not availing s.397 CrPC remedy. S.482 powers can't override specific provisions like s.397(2).

July 5, 2024

Case Laws Indian Laws HC

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