8 years, 7 months ago

Availability Of Alternate Remedy Not A Ground To Bar Petition U/s 482 CrPC: SC [Read Judgment]

A three-judge Bench of the Supreme Court on Tuesday in Prabhu Chawla vs State of Rajasthan clarified that the availability of remedy under Section 397 CrPC would not make a petition under Section 482 CrPC not maintainable.The Bench comprising Justice J. Chelameswar, Justice Shiva Kirti Singh and Justice Abhay Manohar Sapre was hearing appeals filed by Prabhu Chawla and Jagdish. A three-judge Bench of the Supreme Court on Tuesday in Prabhu Chawla vs State of Rajasthan clarified that the availability of remedy under Section 397 CrPC would not make a petition under Section 482 CrPC not maintainable. The Bench comprising Justice J. Chelameswar, Justice Shiva Kirti Singh and Justice Abhay Manohar Sapre was hearing appeals filed by Prabhu Chawla and Jagdish Upasane challenging the judgment of the Rajasthan High Court, whereby, it dismissed the petitions preferred by them under Section 482 CrPC. The High Court held the petitions to be not maintainable in view of the judgment of Rajasthan High Court in the case of Sanjay Bhandari vs State of Rajasthan holding that an availability of remedy under Section 397 CrPC would make a petition under Section 482 CrPC not maintainable.

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Rajasthan Justice Court State High Ors Bench Availability Petition Crpc Section 482 482 Rajasthan High Court Section 482 Crpc 397 Crpc Inherent Power 482 Crpc Prabhu Chawla Section 397 Crpc
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