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1999 Supreme(SC) 747

M.B.SHAH, K.T.THOMAS
Arun Shankar Shukla – Appellant
Versus
State Of U. P. – Respondent


Judgment

Shah, J.-Leave granted.

2. It appears that unfortunately the High Court by exercising its inherent jurisdiction under Section 482 of the Criminal Procedure Code (for short “the Code”) has prevented the flow of justice on the al­leged contention of the convicted accused that it was polluted by so called misconduct of the judicial officer. It is true that under Section 482 of the Code, the High Court has inherent powers to make such orders as may be nacessary to give effect to any order under the Code or to prevent the abuse of process of any Court or otherwisse to secure the ends of justice. But the expressions “abuse of the process of law” or “to secure the ends of justice” do not confer unlimited jurisdiction on the High Court and the alleged abuse of the process of law or the ends of justice could only be secured in accordance with law including procedural law and not otherwise. Further, inherent powers are in the nature of extraordinary power to be used sparingly for achieving the object mentioned in Section 482 of the Code in cases where there is no express provision empowering the High Court to achieve the said object. It is well neigh settled that inherant power is not












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