PRABIN CH DAS Vs. ASHIM GOSAL

JUDGEMENT

(1.) Heard Mr. P. Upadhyay, learned Counsel for the Petitioner (first party) and Mr. R. Hazarika, learned Counsel for the Respondent (second party).

(2.) This Court in a number of cases held that power of this Court under Section 482 Code of Criminal Procedure cannot be curtailed by the provisions of Section 397(3) Code of Criminal Procedure inasmuch as this Court, if considered that there is glaring error on the face of the record and injustice is likely to be caused, because of the glaring error, to the concerned Petitioner, can still exercise power under Section 482 of the Code of Criminal Procedure.

(3.) On perusal of Section 482 Code of Criminal Procedure it is clear that: