eens epee so anu We. INHERENT POWERS OF THE HIGH COURT? "2 [Chapter 37: Section 482] The legislature has strived to make the Code exhaustive and complete in every respect; however, if the court finds that the Code has not made specific provisions to meet the exigencies of any situation, the court has inherent power to mould the procedure to enable it to pass such orders as the ends of justice may require.n 482 reads: “Nothing in this Code shall be deemed to limit g, affect the inherent powers of the High Court to make such orders as may 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.” Section 482 does not confer any new powers on the High Court. It only saves the inherent power which the court possessed before the enactment of the code of 1973. It envisages three circumstances under which the inherent jurisdiction may be exercised, namely: (1) to give effect to an order under the Code, (2) to prevent abuse of the process of the court, (3) to otherwise secure the ends of justice. Itis neither possible nor desirable to lay down any inflexible rule which would govern the exercise of inherent jurisdiction. This Section makes it clear that the provisions of Code are not intended to limit or affect the inherent powers of High Court. But this inherent power cannot be invoked: (i) in respect of any matter covered by the specific provision of the Code; its exercise would be inconsistent with any of specific provision of Code; and (fii) non- criminal proceedings such as those under the Customs Act. Following are the cases, which have been stated by Supreme Court as fit cases to use inherent power to prevent abuse of process of any Court o to secure justice. [State of Haryana v. Bhajan Lal, 1992 SCC (Cri.) 426) (1) Where the allegation in the FIR/complaint, even if they are taken at their face value do not prima facie constitute any offence against the accused. (2) Where the uncontroverted allegations in the FIR/complaint and the evidence collected thereon do not disclose the commission of any offence. (3) Where the allegation in the FIR or other materials do not constitute a cognizable offence justifying an investigation by the police under Section 156(1) except under an order of a Magistrate within the purview of Section 155(2). (4) Where the allegation in the FIR/Complaint do not constitute any cognizable offence but constitute only non-cognizable offence t0 which no investigation is permitted by the police without the order of Magistrate under Section 155(2). (5) Where the allegations are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.concerned, providing efficacious redress for the grievance of the | aggrieved party. (7) Where a criminal Proceeding is manifestly attended with mala fide and/or where the Proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused with a view to spite him due to Private or personal vengeance. In RP. Kapoor vy. State of Punjab, (AIR 1960 SC 866), it was ruled jhat in the following cases the inherent jurisdiction of High Court could be exercised to quash the Proceedings: (1) where there is legal bar against the institution or continuance of Proceedings; . | (2) where the allegations in the FIR or complaint do not constitute the | offence alleged; (3) where either there is no legal evidence adduced in support of the charge or the evidence adduced clearly or manifestly failed to prove the charge. Butin exercising its jurisdiction under Section 482 the High Court would not embark upon an enquiry as to whether the evidence in question is reliable or not. There are some other considerations to with requests for quashing criminal proceedi (1) That the power is not to be resorted to if there is a Specific provision in the Code for the redress of grievance of the a; iggrieved party; (2) that it should be exercised very sparingly to prevent abuse of process of any court or otherwise to secure the ends of justice; be kept in mind, while dealing ings: (3) That it should not be exercised as against the express bar of law engrafted in any other provision of the Code. No limitation period has been prescribed for making an application under Section 482 CrPC. However the application is to be filed within a reasonable lime and a period of 90 days is reasonable for filing application.