Supreme Court of India

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.
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Facts

  • The High Court, exercising revisional and inherent powers, set aside an order of the trial court framing charges.

Issue

  1. 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.

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Citation

Amit Kapoor v Ramesh Chander (2012) 9 SCC 460

Reported: 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.