Adv. Prasad Shigvan

What are the Powers of High Court?  Inherent powers  of the  High Court . Under section 482 of the Code of Criminal Procedure, the  inherent power of High Court  is peculiar in criminal jurisprudence. It is the most powerful weapon for the  High Court  to clear the province of criminal law jurisdiction of all vitiating and malicious influences.  In the following cases, the inherent power of the High Court could be exercised to quash the proceedings- 1.  Where there is a legal bar against the institution or continuance of the proceedings. 2.  Where the allegation in the  first information report  (FIR) or complaint does not constitute the offence alleged.    3.  Where there is no legal evidence adduced in support of the charge or the evidence adduced clearly or failed to prove the charge. The above list of points is not exhaustive. High court may exercise its inherent power in other situations as well,...

How to file a complaint or F.I.R.             The First question comes to our mind is w hat is the difference between complaint and F.I.R.? The  difference between  a F.I.R. (First information report) and a police  complaint  is that an  F.I.R.  relates to the cognizable offence whereas a police  complaint  can be filed for both non-cognizable and cognizable class of offences. Now, what does Cognizable offences  and Non - cognizable offences means? Cognizable offences  are those in which the police can arrest without any warrant. These are more serious in nature.  Whereas, Non - cognizable offences  on the other hand are those for which a police officer has no authority to arrest, unless with a warrant. Who can file an F.I.R.? Anyone, a victim of a crime, a person who has witnessed a crime or who has information about the crime can file an F.I.R. Different source to fil...