The power exercised under section 561A of the Code of Criminal Procedure, 1898 by the High Court Division is an inherent power and the High Court Division may entertain this power any time to prevent any abuse of process of any court or to secure the ends of justice. Application under 561A may be of two types:
- Application for quashment against conviction;
- Application for quashment against proceedings.
There are several conditions laid down by various cases that indicate the curcumstances under which this inherent power may be exercised under section 561A of CrPC by the High Court Division. These conditions may be enumerated as follows:
- The jurisdiction is completely discretionary; the High Court Division can refuse to entertain the power;
- The jurisdiction is not limited to cases those are pending before the High Court Division. It can consider in any case that comes to its notice;
- This power can be invoked only in an event when the aggrieved party is being unnecessarily harassed and has no other remedy open to it.
- The High Court Division has the power to provide relief to the accused even if he/she has not filed a petition under section 561A;
- The power under section 561A is not intended to scuttle justice at the threshold but to secure justice.
Law for Nations has represented a number of Quashment/561A successfully.