Amit Kapoor v Ramesh Chander
(2012) 9 SCC 46020121 min read
The case in brief30-second read
- Facts
- The High Court, exercising revisional and inherent powers, set aside an order of the trial court framing charges.
- Issue
- What is the scope of revisional jurisdiction under S.397 CrPC and inherent powers under S.482 CrPC against an order framing charges.
- Held
- Revision is a narrow jurisdiction, available only for a patent error, non-compliance with law, a perverse or totally erroneous decision, or an arbitrary exercise of discretion. At the charge stage, the court need not decide whether the evidence will lead to conviction; interference is justified only where the allegations are absurd or do not disclose the offence. S.482 is an extraordinary power to be used sparingly.
- Principle
- Revision corrects patent errors of law and propriety; it is not a second appeal.
Facts
- The High Court, exercising revisional and inherent powers, set aside an order of the trial court framing charges.
Issue
- What is the scope of revisional jurisdiction under S.397 CrPC and inherent powers under S.482 CrPC against an order framing charges.
Held
- Revision is a narrow jurisdiction, available only for a patent error, non-compliance with law, a perverse or totally erroneous decision, or an arbitrary exercise of discretion. At the charge stage, the court need not decide whether the evidence will lead to conviction; interference is justified only where the allegations are absurd or do not disclose the offence. S.482 is an extraordinary power to be used sparingly.
Cite this
Citation
Amit Kapoor v Ramesh Chander (2012) 9 SCC 460Reported: https://api.sci.gov.in/jonew/judis/39565.pdf. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.