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Section 482 of the CrPC preserves the **inherent powers of the High Court**. According to the lesson and *Madhu Limaye v. State of Maharashtra*, 1978 AIR 47, which proposition about its exercise is correct?
A{'text': 'The power is to be invoked freely on every petition before the High Court irrespective of any alternative statutory remedy available to the petitioner under the Code', 'label': 'A'}
B{'text': 'The power can only be exercised after the trial court has concluded the matter and a regular appeal has been filed before the High Court in due course', 'label': 'B'}
C{'text': 'The power is administrative only and can never be used to quash any criminal proceedings pending before any court subordinate to the High Court of the State', 'label': 'C'}
D{'text': 'The power should be exercised very sparingly, only where there is no specific provision in the Code for redress, and not against the express bar of any provision of the Code', 'label': 'D'}
Answer & Solution
Correct answer: D. {'text': 'The power should be exercised very sparingly, only where there is no specific provision in the Code for redress, and not against the express bar of any provision of the Code', 'label': 'D'}
1. Section 482 CrPC saves the inherent powers of the High Court to make orders to give effect to any order under the Code, to prevent abuse of process, or to secure the ends of justice.
2. *Madhu Limaye v. State of Maharashtra*, 1978 AIR 47, laid down three principles: (i) power is **not to be resorted to** if there is a specific provision in the Code for redress; (ii) it must be exercised **very sparingly** to prevent abuse of process or secure the ends of justice; (iii) it cannot be exercised against the express bar of the law engrafted in any other provision of the Code.
3. The power is partly administrative and partly judicial.
4. Therefore only option (B) reflects the holding.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 10 (Code of Criminal Procedure, 1973), pp. 244-249._
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