Nature of grievance

  1. Where in cases “Charge” was not formally framed in respect of an offence, and a finding, sentence or order was passed by a Court of competent jurisdiction against the Applicant, in respect of the said offence, and, in fact, serious prejudice has been caused to the accused thereby; or
  2. Where there was error, omission or irregularity in the framing of charges in respect of an offence, and a finding, sentence or order was passed by a Court of competent jurisdiction against the Applicant, in respect of the said offence, and, in fact, serious prejudice has been caused to the accused thereby; or
  3. Where there was misjoinder of charges, in respect of certain offences, and a finding, sentence or order was passed by a Court of competent jurisdiction against the Applicant, in respect of those offences, and, in fact, serious prejudice has been caused to the accused thereby; or
  4. Where it is alleged that there was error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution, and failure of justice has in fact been occasioned thereby; or
  5. Where, having regards to the facts of the case and having regard to certain facts stands proved, no valid charge could be framed against the Applicant herein,

the aggrieved person may prefer a Revision Application u/s 397 / 401 of CrPC, 1973, before Sessions Court, and thereafter may prefer Section 482 Application before High Court.

Whoever is aggrieved by any Order of any Criminal Court who are subordinate to High Court, may challenge such order by preferring Section 482 Application before High Court. Section 482 of CrPC, 1973, recognizes the inherent powers of the High Courts to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.