INHERENT POWERS OF THE HIGH

COURT S. 482
Doctrine of inherent powers of highs court-
 Nothing: word ‘notwithstanding’ is not been used here so the purpose is to create a saving
clause and not overriding.
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It means court has to first examine the express rm
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implied provisions of the code, if provisions
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are silent or are inadequate, HC may exercise
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 In this code: in the CRPC, weather express or implied provision is given.
 Shall affect or limit: it is mandatory on the court.
 Inherent powers of HC: some powers are conferred upon the HC just bcz it exists.
 To make such order to give effect- Eg. If Magistrate ordered PO to investigate a matter but
he is not doing it. HC can use its inherent powers.
 To prevent abuse of process of any court- Eg. HC has power to quash one of the FIR, if in
same matter two FIRs are filed.
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 Otherwise to secure ends of justice- under this head anything can come, it has a broad
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CASE: SAKINI VASU V. STATE OF
U.P. (2007 SC)
 Facts of this case were already discussed in earlier PPTs.(kindly refer them).
 It was held that inherent powers are there with the HC u/s 482. the subordinate courts do not
have inherent powers, though they have ancillary & incidental powers.
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TRANSFER OF CRIMINAL CASES-
 Power of supreme court to transfer cases & appeals: (S. 406)
 From one HC to another HC.
 From one subordinate criminal Court to another equal or subordinate criminal Court.

This can be done when fair justice may not be possible in a court dealing with a case or appeal.

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 Power of High court to transfer cases & appeals:h(S.
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A interested or on its own.
 At whose instance- by lower court or party
 Circumstances-

1. Lack of fair & impartial trial/inquiry.

2. Involves que of law.
3. An order required to meet ends of justice.
Proceedings of subordinate court shall be stayed.
Compensation be given for frivolous applications of transfer.
 Power of sessions Judge to transfer cases & appeals: (S. 408)

Session judge if considers it to be expedient to meet the ends of justice may

order transfer of case.
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 This power be exercised judicially & cautiously.
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 Section 409 – Withdrawal of cases and appeals by Sessions Judge
 Section 410 – Withdrawal of cases by Judicial Magistrate
  Section 412 – Reasons to be recorded
 Thank you!

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