A. SELVAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) One among the common questions that arises for consideration in the present petitions is as to whether the High Court, exercising its powers under section 482 of the Code of Criminal Procedure, 1973 is empowered to quash or recall a Non-bailable Warrant when an alternate remedy under section 70 (2) of the Code of Criminal Procedure, 1973 empowers cancellation of the warrant by the court that had issued the warrant.

(2.) An analogous proposition came to be dealt by me in a recent decision in K. Raghupathy v. Commissioner of Police reported in 2017 (2) Lw (Crl.) 177. The order was made on the basis of the law laid down by the Hon'ble Supreme Court of India in the cases of Ramesh Kumari v. State (N.C.T. Of Delhi) and others reported in 2006 (1) CTC 666 and Prabhu Chawla v. State of Rajasthan and another reported in CDJ 2016 SC 810. The relevant portion of the K. Raghupathy's case reads as follows:

(3.) The aforesaid excerpt is self explanatory and came to passed in the light of the following propositions by the Hon'ble Supreme Court of India holding that the existence of an alternate remedy shall neither limit nor affect the inherent powers of the High court under section 482 of Cr.P.C., 1973 to pass any order, if such an order is essential (i) to give effect to any order; (ii) to prevent abuse of the process of any court; or (iii) if such an order is necessary to secure the ends of justice.