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october 1979

Supreme Court of India · 1979-10-26

RAJ KAPOOR AND ORS. vs STATE AND OTHERS

Citation / case number
SC 1979/62668
Court
Supreme Court of India
Petitioner
RAJ KAPOOR AND ORS.
Respondent
STATE AND OTHERS
Bench
KRISHNAIYER, V.R.

Judgment text excerpt

The Supreme Court held that the inherent powers of the High Court under Section 482 of the Code of Criminal Procedure are not negated by the revisional powers under Section 397, emphasizing that inherent power should be exercised in extraordinary circumstances. The Court clarified that while interlocutory orders should not be taken up to the High Court, cases of harassment through the Court's process fall within a category where inherent power can be invoked. The dismissal of a petition for non-production of an order copy was deemed inappropriate when the original was available, reinforcing the principle that the content of power under both sections is equivalent.

RAJ KAPOOR AND ORS. vs STATE AND OTHERS · Niyam