Direction Matter in High Court ( criminal )
What is Direction Matter?
“Direction matter” means a direction issued by the Hon’ble High court to any govt. agency (like police, lower court) to do some work for which that was bound to do but not doing properly or avoiding to do the same.
All the directions matter will be filed under section 482 of the Cr.p.c in the high court. Under Section 482 Cr.p.c High court has a very wide scope and it’s really important for the courts to use it properly and wisely. In a criminal case, we have a specific procedure of law which must be followed by the police or courts i.e Criminal procedure code 1973(in short Cr.p.c). Police is the main agency that has to implement the procedure as per the code 1973 at the time of handling the criminal cases. Police is duty bound to adopt the procedure if the police do not adopt the procedure, this is the failure of the police.
What are the Duties of police?
It is the duty of the state govt. to provide a peaceful and crimeless atmosphere to the public in the society and on the behalf of the state govt. police will be doing all of these things. Police has many responsibilities towards the public and the most importance are-
1. In general duties-
i) Stop the crimes
ii) Give a peaceful environment to the public for living their life
2. As per the procedure
i) Register the FIR after receiving the information of any crime,
ii) Arrest the accused, if found guilty in a cognizable crime,
iii) Produce the accused before the illaqa magistrate within the 24 hours of arrest,
iv) Without arrest not detained any person behind the bar,
v) Make the all person accused against whom compliant will be received, if all found guilty,
vi) Present the Challan against the accused within the time period as per the procedure,
vii) Present all witnesses before the court during the trail,
viii) Take action against the complaint/application of the person, if police found reasonable,
ix) Not misuse their power against a common man like threating for taken money,
x) Not register the false case against an innocent person
Section 482 of the Criminal Procedure Code–
Section482 deals with Inherent powers of the Court. It is under the 37th Chapter of the Code titled “Miscellaneous”.
Section 482 Cr.P.C reads as follows:
“Saving of inherent power of High Court– Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”
The section was added by the Code of Criminal Procedure (Amendment) Act of 1923 as the high courts were unable to render complete justice even if in a given case the illegality was palpable and apparent. Section envisages 3 circumstances in which the inherent jurisdiction may be exercised, namely:
1. To give effect to an order under Cr.p.c,
2. To prevent abuse of the process of the court,
3. To secure the ends of justice.
Inherent powers u/s 482 of Cr.p.c. include powers to quash FIR, investigation or any criminal proceedings pending before the High Court or any Courts subordinate to it and are of wide magnitude and ramification. Such powers can be exercised to secure ends of justice, prevent abuse of the process of any court and to make such orders as may be necessary to give effect to any order under this Code, depending upon the facts of a given case.
It is well settled that the inherent powers under section 482 can be exercised only when no other remedy is available to the litigant and NOT where a specific remedy is provided by the statute. If an effective alternative remedy is available, the high court will not exercise its powers under this section, especially when the applicant may not have availed of that remedy.
Many times it has been observed that when there is an issue of money for e.g. any money matter then the petitioner instead of filing a civil suit files an FIR against the other person just to harass him. In such cases, it becomes very important for the high court to quash such complaints as it leads to the abuse of the process of the lower courts. This section would enable the courts for providing proper justice and also should be exercised to stop the public from filing fictitious complaints just to fulfill their personal grudges.
Under Cr.P.C, inherent powers are vested only in the high courts and the courts subordinate to the high courts have no inherent powers.