Tag: Inherent Power

Nature of jurisdiction u/s 482 of the Cr.P.C for registration of a crime and investigation

In State of West Bengal and Others Vs. Sujit Kumar Rana, this Court while dealing with the nature of inherent powers of the High Court held that the inherent power of the High Court is saved only where an order has been passed by the criminal court which is required to be set aside to secure the ends of justice or where the proceedings pending before a court amounts to abuse of the process of court. The power u/s 482 of the Code can be exercised by the High Court in relation to a matter pending before a criminal court or where a power is exercised by the Court under the Code of Criminal Procedure.

Non-availability of express provision Civil courts can pass necessary orders for ends of justice, or to prevent abuse of process of Court

Manohar Lal Chopra Versus Rai Bahadur Rao Raja Seth Hiralal-Inherent jurisdiction of the court to make orders ex debito justitiae is undoubtedly affirmed by S. 151 of the Code, but that jurisdiction cannot be exercised so as to nullify the provisions of the Code. Where the Code deals expressly with a particular matter, the provision should normally be regarded as exhaustive.