Court No. - 54 Case :- APPLICATION U/S 482 No. - 17618 of 2010 Petitioner :- Sri Harish Kuamr Chadhary Respondent :- State Of U.P. Petitioner Counsel :- Pankaj Kumar Shukla Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicant and the learned AGA.
Order accepting the final report is amenable to revisional power of the
Sessions Judge as well as of this Court. Entering 482 Cr.P.C. application
when there is already a statutory remedy available to the applicant, will not be
in the interest of justice specially when this Court is saddled with thousands of
482 Cr.P.C. applications. 482 Cr.P.C. is an inherent power, which must be
exercised sparingly only in the interest of justice when the applicant had got
no remedy to seek redressal of his grievance. It is not a power to be exercised
in a casual way even when the person concerned can avail the redressal of his
grievance in a proper statutory forum.
In view of above, this application is dismissed.
However, this order will not be a bar for the applicant to seek redressal of his
grievance in a proper forum.
Certified copy, which has been filed along with this application is directed to
be returned to the counsel for the applicant after keeping the photocopy of the
same on the record of this application.
Order Date :- 13.8.2010
AKG/-