Criminal Procedure Code, 1973 , Section 482 – Dismissal of an earlier 482 petition does not bar filing of subsequent petition under Section 482, in case the facts so justify.
Section 561-A preserves the inherent power of the High Court to make such Orders as it deems fit to prevent abuse of the process of the Court or to secure the ends of justice and the High Court must, therefore, exercise its inherent powers having regard to the situation prevailing at the particular point of time when its inherent jurisdiction is sought to be invoked. The High Court was in the circumstances entitled to entertain the subsequent application of Respondents Nos. 1 and 2 and consider whether on the facts and circumstances then obtaining the continuance of the proceeding against the respondents constituted an abuse of the process of the Court or its quashing was necessary to secure the ends of justice
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2020 PLRonline 5005 Calcutta High Court Before: Justice Shampa Sarkar,J Hirak Nath Sounth v. Alok Kumar Sen C.O. 109 of… Read More