22 October 2020

There is no limitation of period for invoking High Court's inherent powers u/s.482 Cr.P.C.

If evidence is relevant, it is admissible irrespective of how it is obtained


The Investigating Agency has no power to appreciate the evidence



    Regarding limitation, although delay is duly explained in the petition, however, there is no applicability of Limitation Act on Section 482 Cr.P.C. being the inherent powers of this Court. The said section is starting itself with a non-obstante clause (Notwithstanding) therefore, this Court has power to exercise inherent powers where there is miscarriage of justice and abuse of process of law. Non-applicability of Limitation Act and non- providing of limitation period in Cr.P.C. with regard to Section 482 Cr.P.C., the intention of the legislature was not to restrict this Court to use these powers in appropriate cases. Thus, raising the issue of limitation period about Section 482 Cr.P.C. is itself contrary to the intention of legislature and the very section itself. In this regard, judgments relied upon by the respondent no.2 (complainant) are not applicable, as facts and circumstances of those cases are different from the case in hand.[Para No.49

There is no limitation of period for invoking High Court's inherent powers u/s.482 Cr.P.C.
    As far as the issue of source of document is concerned, the Hon'ble Supreme Court and various High Courts including the case of Pushpadevi M. Jatia vs. M.L. Wadhavan & Ors.: (1987) 3 SCC 367 relied upon by respondent no.2 (complainant) held that the source of the evidence is not material, as long as it is admissible under the law, the same may be considered. If evidence is relevant, it is admissible irrespective of how it is obtained.[Para No.50]

.......

    In view of above facts and law discussed, it is the prime duty of the Investigating Agency to do free and fair investigation, thereafter, bring to the notice of the Court all the evidences collected without pick and choose. The Investigating Agency has no power to appreciate the evidence, it rests with Court.[Para No.52]


Delhi High Court

Arvind Kejriwal
Vs.
State Nct Of Delhi

Decided on 21/10/2020

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