Criminal

Inherent Power of High Court

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THE IDEA

Inherent powers are powers which are resident in all courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the Constitution of the Tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behaviour. This power is necessary for the orderly administration of the Court’s business . [ In Indian Bank v. Satyam Fibres (India) Pvt. Ltd., (1996) 5 SCC 550 : JT 1996 (7) SC 135, referring to Lazarus Estates and Smith v. East Elloe Rural District Council, 1956 AC 336 : (1956) 1 All ER 855 : (1956) 2 WLR 888, Supreme  Court stated as above;

CRIMINAL MISCELLANEOUS

QUASHING
FIR
Entire Proceedings
Cognizance Order
Discharge Order
Order passed u/s 311
Order passed u/s 319
 Offences relating to women & Children
  1. The inherent powers of the High Court, which are obviously not defined being inherent in its very nature, cannot be stretched to any extent and nor can such powers be equated with the appellate powers of the High Court defined in the Code.In our considered opinion, once the Court finds that the FIR does disclose prima facie commission of any cognizable offence, it should stay its hand and allow the investigating machinery to step in to initiate the probe to unearth the crime in
    accordance with the procedure prescribed in the Code. [Dineshbhai Chandubhai Patel VS State of Gujarat & Ors..SC January 5, 2018 ]
  2. FIR-The law on the question as to when a registration of the FIR is challenged seeking its quashing by the accused under Article 226 of the Constitution or Section 482 of the Code and what are the powers of the High Court and how the High Court should deal with such question is fairly well settled.[ State of West Bengal & Ors. vs. Swapan Kumar Guha & Ors. (AIR 1982 SC 949)]