Supreme Court of India · 2016-09-05
Prabhu Chawla vs State Of Rajasthan & Anr
- Citation / case number
- AIR 2016 SUPREME COURT 4245
- Court
- Supreme Court of India
- Petitioner
- Prabhu Chawla
- Respondent
- State Of Rajasthan & Anr
- Author
- Shiva Kirti Singh
- Bench
- Abhay Manohar Sapre, Shiva Kirti Singh, J. Chelameswar
Judgment text excerpt
The Supreme Court held that the availability of an alternative remedy under Section 397 of the Code of Criminal Procedure (Cr.P.C.) does not bar the invocation of inherent powers under Section 482 Cr.P.C. The Court found the Rajasthan High Court's dismissal of the appellants' petitions as contrary to established law, particularly referencing Dhariwal Tobacco Products Ltd. v. State of Maharashtra. The matter was remanded back to the High Court for fresh consideration on merits, emphasizing the importance of inherent jurisdiction in criminal proceedings.