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Exparte Decision: Limitations of High Court's Inherent Jurisdiction: Examining Section 482 and Section 397(3) of the CrPC in Legal Revision Proceedings

High court can not ,in the exercise of its inherent jurisdiction u/s 482 of he code set aside, the order of the Session Court passed in Revision petition. This will in another way amount to permit the applicant to take advantage of a second revision against the order of the First Additional Session judge, Meerut which is barred by the provisions of section 397(3) of the Crpc.

No doubt a statutory bar has been imposed u/ s 397(3) of the Criminal Procedure Code, for entertaining second revision at the instance of the petitioner who had preferred a revision against the same order before the Session Court. It is also well settled that inherent Power u/s 482 of the Code can not be invoked for exercising powers which are expressly barred by this code.

But then, in rare and exceptions cases when the Court comes to the conclusion that gross illegality has been committed by the Court s below which has caused gross miscarriage of justice, inherent Power of the High court can be exercised, but then sparingly.

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