(103) Let us now examine what is meant by securing “the ends of justice”. P. B. Mukharji, j. in Debendra Nath Dutt v. Satyabala Dasi and ors. , AIR 1950 cal. 217, has discussed the meaning of the expression ‘ends of justice’ in section 151 of the Code of Civil Procedure.
The learned judge has said that the words ‘ends of justice’ in section 151 wide as they are, do not mean vague and indiscriminate notions of justice but justice according to the statutes and the laws of the land. They cannot mean that express provisions of the statute can be overridden at the dictates of what one might by private emotion or arbitrary preference call or conceive to be justice between the parties. The words ‘ends of justice’ do not, therefore, permit the court to take a step or procedure which defeats of statutory provision of the law of the land.
(104) The words ‘ends of justice’ used in section 482 Cr. P. C. Must be understood in the same sense as that which was indicated by P. B. Mukherji, j. The court will use its inherent powers to secure the ends of justice where there has been a violation of the statutes and laws of the land. The court will not use its inherent power to defeat any provision of law.
Source: Calcutta High Court in Indra Nath Guha Vs State of West Bengal-28/11/1978