2008 CRI. L. J. 4185 ::2008 (41) OCR 16 ::2008 (62) AllCriC 84 SOC ::(2008) 69 AllIndCas 644 (ORI)

Orissa High Court

Hon'ble Judge(s): S. C. Parija , J

(A) Criminal P.C. (2 of 1974) , S.482— Inherent powers - Rule of, has its source in maxim "quando lex aliquid alicui, concedit, concedere videtur id sine quo @page-CriLJ4186res ipsa ease non potest" - Maxim implies that when law gives a person anything, it gives him that without which thing itself cannot exist.Maxim - "quando Lex aliquid alicui, concedit, concedere videtur id sine quo res ipsa esse non potest" - Applicability. The inherent power under S. 482, Cr. P. C. envisages three circumstances under which the inherent jurisdiction may be exercised namely, to give effect to an order under the Code, to prevent abuse of the process of the Court, and to otherwise secure the ends of justice. The rule of inherent power has its source in the maxim "quando lex aliquid alicui, concedit, concedere videtur id sine quo res ipsa esse non potest" which means that when the law gives a person anything, it gives him that without which the thing itself cannot exist. While exercising powers under the section, the Court does not function as a Court of appeal or revision. Inherent jurisdiction under the section though wide has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the section itself. It is to be exercised ex debito justitiae to do real and substantial justic....