ENGINEERING EXPORT PROMOTION COUNCIL versus USHA ANAND AND ANOTHER

ENGINEERING EXPORT PROMOTION COUNCIL versus USHA ANAND AND ANOTHER

Section 482 CrPC could not be exercised to order refund of money voluntarily deposited with a channelising industry under administrative arrangements as the deposit was not pursuant to any judicial direction or bail condition and the relief, if any, must be sought through a writ petition under Article 226, not via inherent powers under CrPC.

Parties
Appellant: Engineering Export Promotion Council; Respondent: Usha Anand
Jurisdiction
India
Judgment Date
29 May 2013
Procedural Posture
Criminal Appeal / Appeal From High Court Order
Outcome
Appeal allowed; High Court order set aside
Legal Topics
Section 482 Cr PC, Inherent Powers of High Court, Deposit of Money During Criminal Proceedings, Refund Orders, Difference Between Administrative and Judicial Actions
Criminal Law Administrative Law Section 482 Cr PC Inherent Powers of High Court Deposit of Money During Criminal Proceedings Refund Orders Difference Between Administrative and Judicial Actions

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Parties

Engineering Export Promotion Council

Appellant

Usha Anand

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether Section 482 CrPC can be invoked to order refund of amount deposited voluntarily with an administrative agency during criminal proceedings
  2. 2 Whether parity applies between accused acquitted and whose deposit was made pursuant to bail and accused whose deposit was volitional

Ratio Decidendi

Section 482 CrPC could not be exercised to order refund of money voluntarily deposited with a channelising industry under administrative arrangements as the deposit was not pursuant to any judicial direction or bail condition and the relief, if any, must be sought through a writ petition under Article 226, not via inherent powers under CrPC.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • Order of Delhi High Court directing refund is set aside
  • Liberty granted to appellant to approach High Court by way of writ petition