2003 Supreme(Del) 341

High Court Of Delhi
GOVIND - Appellant
Versus
STATE (NATIONAL CAPITAL TERRITORY OF DELHI) - Respondent
CRIMINAL APPEAL 1295 of 2002
Decided On : 04/07/2003

Headnote:Criminal Procedure Code, 1973 - Section 482 — Inherent powers of High Court — Quashing of FIR and proceedings thereon — Scope and ambit of powers under Section 482, Cr.P.C. and Article 226 of the Constitution — Where allegations made in the Fir or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or made out a case against the accused proceedings are liable to be quashed in exercise of powers under Section 482 of the Criminal Procedure Code and Article 226 of the Constitution to prevent abuse of process of the court and do substantial justice — Constitution of India, 1950, Article 226.

       Held :

       On careful analysis of the words incorporated in Section 482 of the Code of Criminal Procedure and the legislative intention as culled out from the catena of judgments any legislative enactment dealing with procedure can not provide for all cases that can possibly arise. thereforee, the court must have inherent powers apart from the express provisions of law incorporated in the Code. The inherent powers are absolutely imperative for proper discharge of duties imposed on the court by law.

       The courts exist not only for securing obedience to the law of the land but also for securing the ends of justice in its widest sense. It should always be borne in mind that ends of justice are higher than the ends of mere law, though justice has to be administered according to laws made by the legislature.

       Section 482 of the Cr.P.C. does not confer any new powers on the High Court, but merely recognises and preserves the inherent powers previously possessed by it. It merely declares that such inherent powers as the court may possess shall not be limited or affected by anything contained in the Code. The High Court has inherent powers to give effect to any order of the subordinate courts and to prevent the abuse of the process of any court or to secure the ends of justice.

       Though the powers possessed by the High Court are extremely wide but the very plentitude of the power required the court to function with greater caution and cir-cumspection in the exercise of those powers. In other words, the power under Section 482 of the Code of Criminal Procedure is to be exercised, ex debito justitiae to do real and substantial justice. To put it differently the inherent powers of the Court exist to do the right and to undo the wrong in the administration of justice.

       The Constitution has given enormous powers under Article 226 of the Constitution to the Courts to ensure effective enforcement of Constitutional Rights particularly fundamental rights. For centuries writs of habeas corpus have been considered as the most important writ for the protection of human liberty. Similarly, the writs of mandamus, prohibition, certiorari and quo warranto had proved their effectiveness in compelling the performance of public duty, in preventing inferior tribunals from going beyond their jurisdiction, in reviewing orders and convictions of inferior tribunals, and in inquiring into the right of a person to hold public office. The most important provisions of the Constitution dealing with the protection of human rights of the citizen are incorporated in Articles 32 & 226 of the Constitution. The powers granted to the courts under Article 226 are so sacroscent, inviolable, unassailable and inalienable that those powers cannot be taken away from the court under any circumstances either by legislative enactments or judicial pronouncements.

       When an aggrieved person approaches the court in a petition under Article 226 read with Section 482 of the Code of Criminal Procedure then the court is possessed with enormous powers to do justice or remove injustice. The Courts vast powers are meant to prevent any abuse of the process or to secure the ends of justice, both under Section 482 Cr. P. C and Article 226 of the Constitution. These powers must be exercised for the advancement of justice. Ends of justice are always higher than the ends of mere law and for accomplishing that noble goal the courts have rightly been invested with adequate powers.

       The powers of the High court under Article 226 cannot be whittled down, nullified, curtailed, abrogated, diluted or taken either by judicial pronouncement or by the legislative enactment or even by the amendment of the Constitution. The power of judicial review is inherent part of the basic structure and it cannot be abrogated without affecting the basic structure of the Constitution. As aptly observed in the Kerala Education Bill (supra) that the law which seeks to take away or restrict the jurisdiction of the High Court under Article 226 must be held to be void. In view of these powers, discretion of the High Court under Article 226 is unfettered.