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[Landmark Judgement] State of M.P. v/s Awadh Kishore Gupta (2004)

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Landmark Judgment Law Insider (1)

Published on: 08 November 2022 at 12:28 IST

Court – Supreme Court of India

Citation – State of M.P. v/s Awadh Kishore Gupta (2004) 1 SCC 691

Hon’ble Supreme Court of India has held that Hon’ble High Courts under the aegis of Section 482 of the Code of Criminal Procedure, 1973 can be used in three circumstances under which the inherent jurisdiction may be exercised, namely,

  1. To give effect to an order under the Code of Criminal Procedure, 1973
  2. To prevent abuse of the process of court,
  3. To otherwise secure the ends of justice.

Para – 8

“Exercise of power under Section 482 of the Code in a case of this nature is an exception and not the rule. The section 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. It envisages three circumstances under which the inherent jurisdiction may be exercised, namely, (i) to give effect to an order under the Code, (ii) to prevent abuse of the process of court, and (iii) to otherwise secure the ends of justice.”

“It is neither possible nor desirable to lay down any inflexible rule which would govern the exercise of inherent jurisdiction. No legislative enactment dealing with procedure can provide for all cases that may possibly arise. …………………….”

“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 justice for the administration of which alone courts exist.”

“Authority of the court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice, the court has power to prevent such abuse. It would be an abuse of process of the court to allow any action which would result in injustice and prevent promotion of justice.…………….”

Drafted By Abhijit Mishra

Key Words  – Inherent Powers, Administration, Inherent Jurisdiction.