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2014 Supreme(Mad) 423

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. DEVADASS, J.
Vijaya
Versus
The State rep. Inspector of Police, Anti Land grabbing Special Cell
M.P. No. 1 of 2013 in Crl. O.P. No. 22897 of 2013
Decided on: 21-02-2014

Advocates Appeared:
For the Petitioner:R. Dinesh Kumar, Advocate.
For the Respondent: V. Arul, G.A., (Crl. Side).

The main legal point established in the judgment is the court's inherent power under Section 482 of the Criminal Procedure Code to prevent abuse of process, advance the cause of justice, and do complete justice.

Headnote:

Inherent Power - Criminal Procedure Code - The court invoked its inherent power under Section 482 of the Criminal Procedure Code to direct the measuring of disputed property and to prevent abuse of the process of the court, ultimately disposing of the petition.

Fact of the Case:

The petitioner sought clarification to an order passed by the court after filing a petition under Section 482 of the Criminal Procedure Code, alleging land grabbing and seeking a direction to the police to register a case against the accused.

Finding of the Court:

The court invoked its inherent jurisdiction under Section 482 of the Criminal Procedure Code to direct the measuring of the disputed property and emphasized that the section is intended 'to do justice and prevent injustice'. The court also highlighted that a direction for registration of F.I.R. is not automatic under this section.

Issues: The issues involved the invocation of the court's inherent power under Section 482 of the Criminal Procedure Code, the authority to direct the measuring of disputed property, and the discretion to issue a direction for registration of F.I.R.

Ratio Decidendi: The court's decision was based on the interpretation of Section 482 of the Criminal Procedure Code, emphasizing the inherent power of the court to prevent abuse of process and to advance the cause of justice. The court also considered the petitioner's liberty to take further action in accordance with the law after the measurement of the property by the revenue authorities.

Final Decision: The petition was disposed of, with the court directing the Tahsildar to take immediate action on the written request of the Inspector of Police, Anti-Land Grabbing Special Cell, Krishnagiri without further delay.

Judgment :

1. Vijaya, petitioner in Crl.O.P.No.22897 of 2013 seeks certain clarification to the order passed by this Court on 10.9.2013.

2. The learned counsel for the petitioner submits that petitioner gave police complaint as against one Murugan alleging land grabbing. Though the learned Government Pleader, Krishnagiri gave written legal opinion to the Inspector, Anti Land Grabbing Special Cell, Krishnagiri that there are grounds to take action as against Murugan, no action was taken by the police. Thus, the petitioner approached this court filing Crl.O.P.No.22897 of 2013 under Sec.482 of the Code of Criminal Procedure seeking a direction to the police to register a case against the said Murugan.

3. On 10.9.2013, this court after hearing both sides directed measuring of the disputed property by the revenue officials.

4. Accordingly, the Inspector of Police, Anti-Land Grabbing Special Cell, Krishnagiri, sent letter, dated 20.2.2014 requesting the Tahsildar, Hosur to measure 19 cents comprised in survey Nos.137/3A2 and 21 cents comprised in 137/3B situate in Enusonai Village, Krishnagiri District. Parties have also expressed their willingness to await the measurement by the revenue officials and also abide by the result of it.

5. I have anxiously considered the submissions of the learned counsel for the petitioner, learned Govt. Advocate (Crl.side) and perused the materials on record.

6. Petitioner invoked the inherent jurisdiction of this Court under Section 482 of Cr.P.C.

7. Sec.482 of Cr.P.C. reads as under:

"482. Saving of inherent power of High Court:

Nothing in this 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 this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice."

8. In 1973, under the New Code, under Section 482, there is no conferment of any special or new jurisdiction to this Court. It is nothing but affirmation or confirmation of its certain jurisdiction inherent in it by its very establishment as a Court of Justice. This Court has been established under Letters Patent issued by Queen Victoria by a Royal Charter. The Courts were established under Indian High Courts Act, 1861. Court's inherent power has been stated in Section 482 of the 1973 Code. It is nothing but saving or preserving of its inherent power. By a catena of judicial decisions, the Hon'ble Apex Court and the various High Courts have brought out the various dimensions of the inherent power of the High Courts under Sec.482 of Cr.P.C. It is (i) to implement the orders passed under Criminal Procedure Code; (ii) to prevent abuse of process of any Court and (iii) to advance cause of justice.

9. In simple terms, Section 482 is intended 'to do justice and prevent injustice'. When statutory authorities like police failed to act they can be activated by giving direction under Sec.482. Section 482 is a live wire. Court has to inginate it very carefully. Courts are existing for doing justice and not for any other thing.

10. Under Sec.482 Cr.P.C., Court has to do complete justice. On behalf of their clients, advocates make many prayers in the petitions. If the court feels that in order to restore/do justice, it can pass appropriate orders even when no prayer has been made in the petition for passing such orders.

11. Under section 482 of Cr.P.C., a direction for registration of F.I.R. is not automatic. Under section 482 of Cr.P.C. only in fit cases such a direction can be given. There are certain cases where issuing of such a direction should be avoided. The present case is an instance of the same.

12. It is also pertinent to note that in the order, dated 10.9.2013, petitioner was given liberty to take further action in accordance with law. Evidently, this will be after the measurement of the property by the revenue authorities.

13. In this view of the matter, the order dated 10.9.2013 is a compact order. There need not be any cloud i


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