AKANKSHA ARORA versus TANAY MABEN

AKANKSHA ARORA versus TANAY MABEN

The High Court erred in dismissing the Section 482 CrPC petition solely on the ground of availability of an alternative remedy under Section 397 CrPC; the correct course was to convert the petition into a criminal revision under Section 397 CrPC and decide it on merits, because Section 397 does not curtail the inherent powers preserved by Section 482 CrPC.

Parties
Appellant: Akanksha Arora; Respondent: Tanay Maben
Jurisdiction
India
Judgment Date
04 December 2024
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Against High Court Order Dated 21.09.2023 in MCRLC No. 18481 of 2022
Outcome
Appeal disposed of; impugned High Court order set aside and matter remanded to the High Court.
Legal Topics
Section 482 Cr PC, Section 397 Cr PC, Section 125 Cr PC, Inherent Powers of the High Court, Interim Maintenance, Alternative Remedy, Conversion of Petition
Criminal Procedure Family Law Section 482 Cr PC Section 397 Cr PC Section 125 Cr PC Inherent Powers of the High Court Interim Maintenance Alternative Remedy +1 more

Case Brief

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Parties

Akanksha Arora

Appellant

Tanay Maben

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Against High Court Order Dated 21.09.2023 in MCRLC No. 18481 of 2022

Legal Issues

  1. 1 Whether the High Court can convert a petition under Section 482 CrPC into a revision under Section 397 CrPC and decide it on merits
  2. 2 Whether Section 397 CrPC can affect the amplitude of the inherent powers of the High Court under Section 482 CrPC
  3. 3 Whether dismissal of a Section 482 petition on the ground of availability of alternative remedy (revision) is appropriate

Ratio Decidendi

The High Court erred in dismissing the Section 482 CrPC petition solely on the ground of availability of an alternative remedy under Section 397 CrPC; the correct course was to convert the petition into a criminal revision under Section 397 CrPC and decide it on merits, because Section 397 does not curtail the inherent powers preserved by Section 482 CrPC.

Court Disposition

Appeal disposed of; impugned High Court order set aside and matter remanded to the High Court.

Orders

  • Impugned order dated 21.09.2023 set aside.
  • Matter remanded to the High Court with direction to convert the petition under Section 482 CrPC into a criminal revision under Section 397 CrPC and decide it in accordance with law after affording opportunity of hearing to the parties.