📘 CRIMINAL PROCEDURE CODE EXPLAINED

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 		INHERENT    POWERS    OF    HIGH    COURT 
BAR   TO   TAKING   COGNIZANCE
Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

TOPICS
•	Bar to taking cognizance
•	The period of limitation 
•	Commencement of limitation
•	Exclusion of time in certain cases
•	Date on which Court is closed
•	Continuing offence
•	Inherent powers of High Court 
•	Quashing of FIR u/s 482:
•	Superintendence over Judicial Magistrates

Supreme Court judgments discussed in this post:
•	State of Haryana    v.    Bhajan Lal  [1992 SC]
•	Moti Lal   v.  State of MP   [1994 SC]
•	Krishnan       v.       Krishnaveni            [SC   1997] 
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CRIMINAL  PROCEDURE  CODE  EXPLAINED			
The Criminal Procedure Code forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants, DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus: 

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Section 468(1)		Bar to taking cognizance
•	No Court shall take cognizance 
–	of an offence of a specified category
–	after expiry of the period of limitation
•	Section 468(2)

The period of limitation shall be
•	six months
–	if the offence is punishable with fine only
•	one year
–	if the offence is punishable with imprisonment upto one year
•	three years
–	if the offence is punishable with imprisonment upto three years
•	Period of limitation 
–	for offences tried together
•	shall be determined 
–	by the offence punishable with the more severe punishment

Section 469		Commencement of limitation
Period of limitation shall commence
•	on the date of offence
•	on the first day 
–	on which the offence comes to knowledge of the person aggrieved or police officer
•	on the first day 
–	on which identity of the offender is known to the person aggrieved or police officer
–	In computing this period: 
•	the day 
–	from which such period is to be computed 
–	shall be excluded

Section 470(1)		Exclusion of time in certain cases
•	In computing the period of limitation: 
•	the time 
–	during which any person has been prosecuting another prosecution against the offender 
–	with due diligence 
–	whether in a Court of first instance or in a Court of appeal or revision 
•	shall be excluded

Section 470(4)
In computing the period of limitation
•	the time during which the offender
–	has been absent from India
–	has avoided arrest by absconding or concealing himself 
•	shall be excluded

Section 471		Date on which Court is closed
•	Where the period of limitation expires 
–	on a day when the Court is closed 
•	Court may take cognizance 
–	on the day on which it reopens

Section 472		Continuing offence
•	In case of a continuing offence:
•	a fresh period of limitation shall begin to run
–	at every moment of time during which the offence continues
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Section 482		Inherent powers of High Court 
•	Nothing in this Code shall be deemed 
–	to limit or affect the inherent powers of a High Court 
•	to make 
–	such orders as may be necessary 
–	to give effect to any order under this Code 
–	to prevent abuse of the process of any Court
–	to secure the ends of justice

The Law on section 482:
Moti Lal   v.  State of MP   [1994 SC]
•	The inherent power  of the High Court cannot be exercised to review an  earlier order passed by  the High Court  since   the power of review  is expressly barred  ... u/S 362 Cr.P.C. 
•	However, plain words of section 482 indicate that  Sec. 482  will have  primacy  over  any other provision  in Cr.P.C.  and  can, therefore,  override  even Section 362.
•	Of course, in a given case  whether  the  High Court should  review  its own earlier order by  resort to Section 482 should be left  to the  discretion of the High  Court  depending on the facts and circumstances of the case.
•	The question:  
•	Despite the bar of second revision u/s 397(3), is the inherent power of High Court still available u/s 482?

Krishnan       v.       Krishnaveni            [SC   1997] 
•	Ordinarily, when revision has been barred by section 397(3), a person cannot be allowed to take recourse to the inherent powers u/s 482 since it may amount to circumvention of section 397(3). 
•	A High Court has suo motu power u/s 401 and continuous supervisory jurisdiction u/s 483.
•	So, when the High Court on examination of record finds that there is abuse of the process of courts or non-compliance of statutory procedure or failure of justice or where the order or sentence by the Magistrate requires correction, it is but the duty of the High Court to have it corrected at the inception lest grave miscarriage of justice would ensue. 
•	The High Court would be justified, under such circumstances, to exercise the inherent power and in an appropriate case even the revisional power u/s 401. 

Quashing of FIR u/s 482:
State of Haryana    v.    Bhajan Lal  [1992 SC]
•	The inherent power to quash the proceedings at the initial stage can  be exercised….
•	where allegations made in the FIR do not prima facie disclose the commission of any offence, even if taken at their  face value and accepted in their entirety...
•	where allegations in the FIR and other materials accompanying the F.I.R. do not disclose a cognizable offence justifying an investigation by police officers u/s 156(1) of the Code...
•	where allegations made in the FIR or complaint are so absurd and inherently improbable that on their basis no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused...
•	where a criminal proceeding is manifestly attended with mala fide or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.
•	Courts subordinate to the High Court have no inherent power  u/s 482  Cr.P.C. or otherwise.
  
•	Mithabhai  Pashabhai  Patel  v. State of Gujarat   2009 SC

Section 483		Superintendence over Judicial Magistrates
•	A High Court 
–	shall so exercise its superintendence over Courts of Judicial Magistrates
•	as to ensure 
–	that there is expeditious and proper disposal of cases by such Magistrates