Inherent Powers of the Lower Subordinate Criminal Courts
By
Kaushalya Venkataraman
Whenever any petition is filed before the lower subordinate Criminal Courts, very often the lawyer is confronted with the question by the Court, under what provision of law this petition is filed.' It the lawyer could not show any provision the petition is dismissed even if justice demands it. The question is whether a Court can do injustice on the ground that there is no provision in the procedural law? It must be noted that procedural laws are enacted for the application of substantial law to advance the cause of justice. Basically Courts arc established to render justice to the people. Procedural laws are enacted consistent with the principles of natural justice. Procedural laws cannot visualise all situations that may arise during the proceeding of the case and give a suitable provision for it. If there is specific provision in the procedural law. The Courts are bound to follow the said provision. For a given situation, if there is no specific provision and if justice demands an ....