Direction under section 482 of CrPC

  • Direction under section 482 of CrPC

Punjab and Haryana High Court can issue directions under section 482 of Criminal Procedure Code to public authorities including police and Central bureau of investigation to direct or prohibit them to do something. Section 482 of the Criminal Procedure Code gives Punjab and Haryana High Court at Chandigarh wide powers. Innumerable petitions under section 482 filed everyday in Chandigarh High Court.

One of the examples of a petition under section 482 of Criminal Procedure Code is a petition to protect life and liberty of the petitioner (aka protection petition). Under this petition, the petitioner has to show that is life and liberty is in danger. One of the examples is honour killings because of non-arranged marriages in India. Another example is when one of the parties against whom a direction is sought is an influential political person who can harm the petitioner. Under such circumstances it is important to send a legal representation to the concerned station house officer or senior Superintendent of police before filing the protection petition.

A direction can also be sought that police should reinvestigate a crime or gave investigation to the CBI. There may be several reasons including biased investigation by local police or corrupt influence of a local politician on police.

It is arguable whether Punjab and Haryana High Court will issue directions to the police to register First Information Report. Such direction is rarely issued. However the same direction can be sought in several other ways including filing an application before human rights commission of either Punjab and Haryana.

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