The inherent power of the high court allows it to pass any order deemed fit and reasonable to ensure justice to the parties involved. This power is essential to the high court's character, enabling it to address cases where apparent illegality affects justice delivery. Inherent powers are judicial in nature, essential for securing justice, and are conferred by the Constitution of India to each High Court.
Section 482 of the CRPC affirms the high court's inherent power, stating that no provision of the CRPC shall affect the court's authority to make necessary decisions for justice. This section does not create new rights but recognizes and declares the inherent powers already vested in the high court.
The inherent power of the high court can be invoked in situations not covered by other provisions of the CRPC or where justice cannot be achieved through existing provisions. It empowers the court to quash proceedings to prevent abuse of the judicial process or to secure justice. For instance, if a complaint fails to establish alleged offenses, the high court can use its inherent power to quash such proceedings.
The Supreme Court has laid down principles guiding the exercise of inherent power under CRPC:
While expansive, the inherent power is not applicable when issues are pending trial or before lower courts. Its exercise must be cautious, focusing on delivering justice without assuming trial court functions.
Supreme Court rulings emphasize that inherent power can quash proceedings to prevent abuse, particularly when there is no prima facie case or when proceedings are maliciously instituted.
The inherent power under CRPC is crucial for addressing legal gaps and ensuring justice delivery beyond statutory provisions. While currently vested only in high courts, expanding this power to subordinate courts could expedite justice and reduce high court workload, provided proper safeguards are maintained.
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