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Supreme Court on Inherent Powers of High Courts

By Sunil Kumar Garg

Published In

Cr LJ 1997

Scope and Object of Section 48, Cr.P.C.  A procedure Code, however, it might be exhaustive, cannot expressly provide for all time to come against all (he cases or points that may possibly arise and in order that justice may not suffer, it is necessary that every Court must in proper cases exercise its inherent power for the ends of justice. Every Court has inherent power to act ex-debito justitiae to do that real and substantial justice for the administration of which alone it exists or prevents abuse of the process of the Court. Section 482, Cr. P. C. corresponds to Section 151, Civil Procedure Code and also corresponds to old Section 561A Old Cr. P. C. inverbetium.  The saving of the High Court's inherent powers. both in civil and criminal matters, is designed to achieve a salutary public purpose which is that a Court proceedings ought not to be permitted to degenerate into a weapon of harassment or prosecution. In a criminal case, the ....

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