- (1.) Heard learned counsel for the petitioner.
(2.) The matter relates to an offence under Section 138 of N.I. Act. A mandamus under Article 226 of the Constitution has been prayed for to direct the trial court to proceed with the matter expeditiously. In our opinion, inherent powers of the High Court in such matters are to be exercised under Section 482 Cr.P.C. and not necessarily and always through the writ jurisdiction. The provisions of Section 482 Cr.P.C. do not only define the inherent powers of the Court but it is also a power which saves the powers with the High Court in all such matters arising under the Code which the High Court possessed even before the enactment of the Code.
(3.) The powers of the High Court under 482 and 483 Cr.P.C as defined are extracted herein under:- 482. Saving of Inherent power 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. 483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates.- Every High Court shall so exercise its superintendence over the Courts of judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates.;