Section 482 Application us 464 and 465 CrPC, 1973

Section 482: Application u/s 464 and 465 CrPC, 1973

Instructions for drafting

Parties to the Application:

The Accused / convict would be the Applicant herein; and the concerned State would be the Respondents, alongwith the complainant, if there was a prosecution on a private complaint.

Jurisdiction of Courts:

The High Courts have exclusive jurisdiction to entertain these Applications.

1. 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.

2. Some of the landmark rulings of Apex Court which illustrate the scope and powers of High Courts to grant relief under this jurisdiction.

Para 18: In State of Haryana & Ors. (appellant) v. Bhajan Lai & Ors. (respondents) [1990], this Court after referring to various decisions of this Court, enumerated various categories of cases by way of illustration wherein the inherent power under Section 482 of the Code should be exercised by the High Court. They are:

(1) Where the allegations made in the first information report or the complaint, even, if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence; justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same; do not disclose the commission of any offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

3. In Som Mittal v. Govt. of Karnataka [2008], the Supreme Court, among other things, said, when it is brought to the notice of the Court that grave miscarriage of justice would be committed if the trial is allowed to proceed where the accused would be harassed unnecessarily if the trial is allowed to linger when prima facie it appears to Court that the trial would likely to be ended in acquittal. In other words, the inherent power of the Court u/s 482 of the Code of Criminal Procedure can be invoked by the High Court either to prevent abuse of process of any Court or otherwise to secure the ends of justice.

4. In R.P. Kapur v. State of Punjab [1960] this Court summarized some of the categories of cases where inherent power should be exercised to quash a criminal proceeding against the accused, stating:

(i) Where it manifestly appears that there is a legal bar against the institution or continuance e.g. Want of sanction;

(ii) Where the allegations in the first information report or complaint

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About this agreement

This Section 482 Application us 464 and 465 CrPC, 1973 is a ready-to-use legal template under the Petitions collection on Contract Easily. It provides a structured format that you can customise with parties, dates, and particulars before execution.

When this document may be used

Use this template when you need a formal section 482 application us 464 and 465 crpc, 1973 for submission before a court, notary, registration authority, or other competent body, as applicable to your facts.

What to complete

Fill every blank carefully. Names, addresses, dates, and amounts should match your supporting records. Do not leave optional fields incomplete if the receiving authority requires them.

Execution

Sign only before the appropriate notary public, oath commissioner, registrar, or other authorised official. Stamp paper value and attestation rules vary by State.

Important legal note

This template is a general format and is not a substitute for advice from a qualified advocate. Have the completed document reviewed where significant rights or disputed facts are involved.

Important Guidelines

Use this Section 482 Application us 464 and 465 CrPC, 1973 template after confirming it matches your purpose and jurisdiction.

Drafting and execution guidance:

Read the full template and identify every blank or placeholder.
Enter parties' full legal names exactly as on identity documents.
Complete addresses with PIN code, city, district, and State where required.
Insert correct dates in the format expected by the receiving authority.
Fill any schedule, annexure, or schedule of property / particulars carefully.
Remove unused optional clauses only after legal review.
Check spelling of all names against Aadhaar / PAN / passport records.
Print on the stamp paper denomination required in your State (if applicable).
Sign only before the notary / oath commissioner / registrar — not in advance.
Keep attested copies and supporting documents for filing or registration.
Confirm local filing, court fee, or registration requirements before submission.
Consult a qualified advocate if the matter is contested or high-value.

Caution: Incomplete or incorrectly attested documents are often rejected. Match every particular to your source records.

Supporting Documents

Documents commonly required when preparing and executing a Section 482 Application us 464 and 465 CrPC, 1973. Exact lists vary by State and receiving authority.

Photo identity proof of parties / deponent
Aadhaar, PAN, passport, voter ID, or driving licence.
When: Always, for identification and KYC.
Address proof
Aadhaar, utility bill, or other accepted address proof.
When: Usually required for notarization / filing.
Supporting title or factual documents
Prior deeds, agreements, notices, court papers, or records relevant to this template.
When: When the document relies on earlier transactions or proceedings.
Passport-size photographs
As required by the notary or filing office.
When: Often for affidavits and certain applications.
Stamp paper (if applicable)
Non-judicial stamp paper of the local required denomination.
When: Where State law requires the instrument on stamp paper.

Frequently asked questions

What is a Section 482 Application us 464 and 465 CrPC, 1973?→

It is a standard legal template you can customise and execute for the purpose indicated by its title, subject to applicable Indian law and local practice.

Do I need a lawyer to use this template?→

The template helps you start with a correct structure. For disputed, high-value, or complex matters, have a qualified advocate review the completed draft before signing.

Is notarization or registration required?→

It depends on the document type and your State. Many affidavits need notarization; some deeds need registration. Confirm with the receiving authority or your lawyer.

Can I edit the wording?→

Yes — adapt particulars to your facts. Do not delete operative legal clauses without advice, as that can weaken enforceability.

What stamp paper value should I use?→

Stamp duty is State-specific and document-specific. Check your State’s stamp schedule or ask a local advocate / stamp vendor.

Section 482 Application us 464 and 465 CrPC, 1973

Section 482: Application u/s 464 and 465 CrPC, 1973

Instructions for drafting

Parties to the Application:

The Accused / convict would be the Applicant herein; and the concerned State would be the Respondents, alongwith the complainant, if there was a prosecution on a private complaint.

Jurisdiction of Courts:

The High Courts have exclusive jurisdiction to entertain these Applications.

2. Some of the landmark rulings of Apex Court which illustrate the scope and powers of High Courts to grant relief under this jurisdiction.

4. In R.P. Kapur v. State of Punjab [1960] this Court summarized some of the categories of cases where inherent power should be exercised to quash a criminal proceeding against the accused, stating:

(i) Where it manifestly appears that there is a legal bar against the institution or continuance e.g. Want of sanction;

(ii) Where the allegations in the first information report or complaint

Download PDF₹49 Download Word₹49

100% Legally Valid Format · 2026
Instant Download

0 people have downloaded this document

Section 482 Application us 464 and 465 CrPC, 1973

About this agreement

When this document may be used

What to complete

Execution

Important legal note

Supporting Documents

Frequently asked questions

Related documents

When this document may be used

What to complete

Execution

Important legal note