Inherent Powers of High Court:
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Inherent Powers, means those Powers exercised by High Court for resolving a matter, for which no specific provision of law is available. Shortly Inherent Powers are
powers exercised by High Court for determining a question, in the absence of specific provision of law. In administrating Justice as prescribed by code, there will
always be cases and circumstances, which are not covered by the express provision of the code, wherein justice has to be done. It cannot be said that, in the above
circumstances courts have no power to do justice or to redress a wrong merely because no express provision of the code can be found to meet the requirements of
the case. In such case Inherent Powers may be invoked in the interest of justice and to make redressal of grievances.
Inherent Powers of High Court are extra-ordinary and intended to be used only in extra-ordinary cases where no other remedy is available to do the real and
substantial justice. They are usually not invoked when there is another remedy availabie. Section (561-A) of Cr.P.C provides that, "Nothing contained in the Criminal
Procedure Code shall be deemed to limit or affect the Inherent Powers of the High Court to make such orders as may be 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" From the above it is observed that the High Court can exercise
Inherent Powers in three cases:
(1) In-order to give effect to any order under the Criminal Procedure Code.
(2) In-order to prevent abuse of process of any court.
(3) In-order to secure the ends of justice.
The High Court has in view of its general jurisdiction over all the Criminal Courts subordinate to it, Inherent Power to give effect to any order of any such court under
the Code, and to prevent the abuse of process of any such court or otherwise to secure the ends of justice.
Inherent Powers under section (561-A) can be exercised by High Court alone and not by Sessions Court or any other subordinate Court. Powers vested in High
Court under section (561-A) are unbridled and vast enough so as to find and rectify any abuse of process of court and make such orders as may be necessary to
secure the ends of justice. Proceedings without jurisdiction are In abuse of the process of the Court. Once Court suffers from total lack of jurisdiction, any
proceedings initiated by it, are void-ab-initio. Therefore , power under section (561-A) can be exercised to correct orders passed without jurisdiction.
Object of Inherent Powers:
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The object of Inherent Powers is to do real and substantial justice and to prevent abuse of process of court, and to secure ends of Justice. The Inherent jurisdiction
of High Court, under section (561-A) is neither akin to appellate jurisdiction nor to revisional jurisdiction, but is a special extra-ordinary jurisdiction, main aim and
object of which is to save the people from the agony of the abuse of the process of the court.
Conclusion:
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From the above-mentioned statements, I reached to this result, that the legislature has not promulgated law on each and every subject, and a case if brought before
High Court in which a proposition is involved but no law is available on the subject, the High Court would not refuse to decide the matter on the ground that no law is
available to resolve the matter, but the High Court while exercising its Inherent Powers '(saved by legislature in the Criminal Procedure' Code) would make a decision
on the subject keeping-in-view the demands of justice..
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