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Don’t file Section 482 CrPC petitions under the garb of Article 32 writ petitions: Supreme Court

Section 482 of the CrPC deals with the inherent powers of High Courts, which includes the power to quash first information reports (FIRs), to secure the ends of justice. Article 32 deals with remedies for the enforcement of rights before the Supreme Court that includes its power to issue writs.

The Supreme Court in August last year had held that High Courts, while deciding applications under Section 482 of the CrPC for quashing of case at the stage of framing of charges, should not enter into appreciation of the evidence or consider whether on the basis of such evidence the accused is likely to be convicted or not.

In September, the top court had said that under the said Section, High Courts can quash criminal proceedings even with respect to non-compoundable offences, after taking into account the nature and heinousness of the offence and other factual aspects.

Source: Barandbench

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