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Can't Exercise Inherent Power U/S 482 CrPC In Routine Manner: Gauhati High Court Denies Relief To Person Declared Foreigner On Admission Of Guilt

Upashana Duarah

7 Feb 2022 1:25 PM GMT

    • Cant Exercise Inherent Power U/S 482 CrPC In Routine Manner: Gauhati High Court Denies Relief To Person Declared Foreigner On Admission Of Guilt

    The Gauhati High Court has held that its inherent power under section 482 CrPC is not to be exercised in a routine manner and it is only to prevent gross miscarriage of justice or secure the ends of justice.The Court thus refused to interfere with an order of the Chief Judicial Magistrate, declaring the petitioner to be a foreigner, following admission of guilt."The petitioner on being...

    The Gauhati High Court has held that its inherent power under section 482 CrPC is not to be exercised in a routine manner and it is only to prevent gross miscarriage of justice or secure the ends of justice.

    The Court thus refused to interfere with an order of the Chief Judicial Magistrate, declaring the petitioner to be a foreigner, following admission of guilt.
    "The petitioner on being pleaded guilty and serving around one year sentence, has come up with the present petition with certain documents, which he never produced before the I/O as well as before the court, now challenged the impugned order, which cannot be accepted. There appears no any illegality in the order so passed to invoke the provision under Section 482 CrPC. The inherent power under Section 482 CrPC cannot be exercised in a routine manner unless it is shown that the miscarriage of justice has been done in a given case," the Court said.
    The petitioner, along with other persons, was arrested under the suspicion of being a foreigner, a Bangladeshi national who had entered India via Tripura. He was taken into custody and produced before the Court of learned CJM, Cachar. The police submitted the charge sheet and charges were framed under Section 14-A of the Foreigners' Act.

    The petitioner pleaded guilty to the offence and the trial Court vide the impugned order convicted him.

    This order of conviction was challenged in the present proceedings, on the ground that admission of guilt was made upon wrong advice of the engaged counsel. He produced birth certificate and school certificate in support of his claim.
    Noting that the petitioner had failed to produce any sort of documents at the time of investigation, the Court refused to exercise its discretionary inherent powers under Section 482 CrPC.
    Accordingly, the criminal petition was dismissed and the conviction order of the trial court was upheld.
    Case No : Crl.Pet./128/2020
    Case Name : Amir Khan v. State of Assam and Anr.
    Citation: 2022 LiveLaw (Gau) 8
    Date : 20.01.2022
    Corum : Justice Rumi Kumasi Phukan


    Tags
    Gauhati High CourtJustice Rumi Kumari PhukanCode of Criminal Procedure 1973 (CrPC)Section 482 CrPC
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