JUDGEMENT
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(1.) The petitioner, viz., G.S. Naidu claiming to be the owner of the house situate
at Door No.37, Kannikaparameswari Koil Street, Vellore and also claiming to be
in possession thereof, came forward with the present action, invoking the
inherent jurisdiction of this Court under Sec.482, CrLP.C. impleading one Jacob
Manickam the Sub-Inspector of Police, and one Ganesan, the Inspector of
Police, Vellore (North) as respondents 1 and 2 stating that the said respondents,
abusing their position as police officials locked the said premises for no reasor
whatever and even without any authority of law and took away the key and ir
such circumstances, he would say that the ends of justice would require this
Court to pass a suitable order directing the respondents to hand over tine key to
him.
(2.) Learned counsel for the petitioner Mr. V. Sairam, would however make z
vociferous argument that this Court is definitely having power under Sec.482
of the Code of Criminal Procedure, 1973 (II of 1974) in short the Code to order
for the return of the key as prayed for by the petitioner in the circumstances oi
the case. In amplification of this argument he would further say and lay sc
much of emphasis upon the phraseology, viz., otherwise to secure the ends oi
justice occurring in Sec.482 thereof and according to him the said phraseology
does not restrict the power of this Court to do anything, if the court derives
satisfaction that what is asked for to be done, if done, will serve the ends of
justice.
(3.) To such a submission, I am not able to affix my seal of approval in the facts
and circumstances of the case. The inherent power of this Court is dealt with
by the salient provisions adumbrated under Sec.482 of the Code and it reads
thus:
"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 Court, or to prevent abuse of the
process of any Court or otherwise to secure the ends of justice.";
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