[amp_mcq option1=”Supreme Court only” option2=”High Court only” option3=”Session Court only” option4=”Any Criminal Court ” correct=”option2″]<\/p>\n
The correct answer is (b).<\/p>\n
Section 482 of the Code of Criminal Procedure (CrPC) gives the High Court the power to quash any criminal proceeding, if it is satisfied that it is not maintainable or that it is being pursued mala fide or for an ulterior purpose. The High Court can also exercise this power to prevent abuse of the process of court.<\/p>\n
The Supreme Court has held that the inherent power under Section 482 of CrPC is a discretionary power and should be exercised sparingly and with caution. The Court has also held that the power should not be used to interfere with the discretion of the trial court unless there is a clear abuse of the process of court.<\/p>\n
The Session Court is a subordinate court and does not have the power to quash a criminal proceeding under Section 482 of CrPC. Only the High Court has this power.<\/p>\n
The option (a) is incorrect because the Supreme Court is not the only court that can exercise the inherent power under Section 482 of CrPC. The High Court also has this power.<\/p>\n
The option (c) is incorrect because the Session Court is a subordinate court and does not have the power to quash a criminal proceeding under Section 482 of CrPC. Only the High Court has this power.<\/p>\n
The option (d) is incorrect because not all criminal courts have the power to quash a criminal proceeding under Section 482 of CrPC. Only the High Court has this power.<\/p>\n","protected":false},"excerpt":{"rendered":"
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