KANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THOUGH the learned Single Judge while being of the opinion that a larger Bench should be constituted to consider the powers of the High Court Under Section 482 of the Code of Criminal Procedure 1973 (for short, the Code) has not framed point which requires authoritative pronouncement by this Court, but the question to be examined by this Full Bench is in respect of ambit and scope of Section 482 of the Code. It will be proper to state at the very outset the point which arises for adjudication by this Court. We frame the following question: Whether any other provisions of the Code including Section 397(3) in any way limit or affect the inherent powers of this Court to make any order either to give effect to any order under the Code or to prevent abuse of the process of any court or otherwise to secure the ends of justice?

(2.) IT will be proper to read Section 482 of the Code as in our opinion, primarily it is the phraseology of this Section which will determine its ambit and scope. Section 482 of the Code reads as under: 482. Saving of inherent powers 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.

(3.) AGAIN in the case of Raj Kapoor and Ors. v. State (Delhi Administration) and Ors. : 1980CriLJ202 , one of the questions formulated by the Apex Court was whether the inherent power of the High Court under Section 482 stands repelled when the revisional power under Section 397 overlaps. The court said: The opening words of Section 482 contradict this contention because nothing in the Code, not even Section 397 can affect the amplitude of the inherent power preserved in so many terms by the language of Section 482. Even so a general principle pervades this branch of law; when a specific provision is made easy resort to inherent power is not right except under compelling circumstances. Not that there is absence of jurisdiction but that inherent power should not invade areas set apart for specific power under the same Code.