Writ Of Prohibition | Hello Counsel

Writ Of Prohibition

A writ of prohibition is a writ directing a subordinate to stop doing something that they may not do, according to law, but are doing.This writ is normally issued by a superior court to the lower court asking it not to proceed with a case which does not fall under its jurisdiction. The writ lies in both for access of jurisdiction or absence of jurisdiction. It is generally issued before the trial of the case or during the pendency of the proceeding but before the order is made.

Related Provisions of Law:

Articles-226 & 227 of The Constitution of India, 1949.
Sections-482 of The Code Of Criminal Procedure, 1973.

Code Of Criminal Procedure, 1973

Section- 482. Saving of inherent power of High Court.- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court 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.

The captioned subject is complex by its very nature. We, therefore, always encourage our visitors & Clients to seek an independent legal advice by our empanelled lawyers. In such Cases, our lawyers devise most appropriate legal recourse for our Clients after examining the related provisions of law, i.e. The Constitution Of India 1949, The Code Of Criminal Procedure, 1973, The Code of Civil Procedure, 1908, Other relevant Acts & Judgments and Citations of the Hon’ble Supreme Court Of India and the High Courts. Even otherwise, the question as to how to apply the laws, judgments and citations is rather more complex, as it involves a thorough examination of substantial laws, procedural laws and Court precedents in a given set of facts and circumstances.

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