Inherent Power of The High Court
Inherent Power of The High Court
COURT
(S.482)
INTRODUCTION
Section 482 provides for saving of the inherent powers of High Court.
Such powers are intended to be exercised by the High Court in order to overcome the
inherent inadequacy in the procedural laws i.e., Cr.P.C.
Powers u/s. 482 can only be exercised in criminal cases only.
Mostly the inherent powers of the High Court are used in order to quash criminal
proceedings.
SCOPE
This section does not give the High Court any new set of powers.
It only provides that those powers which the Court already has shall be preserved.
Though the powers conferred u/s. 482 are very wide in their scope, however rules of
practice provide that such powers shall be exercised in exceptional cases only.
The High Court shall refrain from interfering in the subordinate Court proceeding when
they are at interlocutory stage.
DUTY OF THE HIGH COURT WHILE EXERCISING SUCH POWER U/S. 482
The Court although has wide discretion under section 482, however such discretion shall
be used sparingly and carefully by the Court.
It shall only be resorted to in cases where any of the three principles mentioned above are
applicable to the facts of such case.
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POWER U/S. 482 VIS-À-VIS ARTICLE 226 & 227
All the three provisions i.e., Article 226, 227 and Section 482 confer wide discretion on
the High Court.
However, if powers u/s. 482 and Article 227 can be resorted to then the Court shall
refrain from invoking powers under its writ jurisdiction i.e., Article 226.