Scope of section 482 of Code of Criminal Procedure, 1973:

As can be seen from the above analysis, the proceedings are taken before the Magistrate‘s Court. However, in certa in circumstances the party to the proceeding can approach the High Court under section 482 of the Code of Criminal Procedure, 1973. Section 482 reads as under:

“Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice”.

The scope of this provision has been discussed by the Supreme Court in Madhu Limaye v. Maharashtra, AIR 1978 (SC) 47 wherein it has been held that:

(i) the power is not to be restored to if there is a specific provision in the Code of redressal of the grievance

(ii) it should be used sparingly and for preventing abuse of the process of the Court or to secure the ends of justice.

(iii) It should not be exercised against express bar of the law.

This provision, therefore, enables the prosecution to be quashed at the process stage itself. In Sharadchandra Shripad Marathe v. Gurushant Kamble, 1989 (44) E.L.T. 11, and Bhalchandra Keshav Gadre v. Gurushant Kamble, 1989 (43) E.L.T. 617, the Bombay High Court held that if ex-facie reading of the complaint shows that no grounds have been made for substantiating the complaint, then the process will be quashed. In the latter case, a proceeding against an Ex-Director of the company was quashed since prima facie, a Director who had quit on 29-7-1983 could not have been held responsible for offences arising from 30-9-1983. The Supreme Court has also held in several cases that in invoking Section 482, normally appreciation of evidence cannot be done by the High Court since that would mean going into the merits which has to be done by the lower courts.

Therefore, as can be seen from the above, for the sake of preventing abuse of the process of the Court and for securing the ends of justice, it is possible to approach the High Court directly without undergoing trial before the lower courts.