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2014 (1) TMI 1870 - HC - Indian LawsPower to discharge accused at summon stage / framing notice - Complaint of defamation against the petitioners - Sections 500 and 501 read with Sections 34 and 120B of IPC - aggrieved person within the meaning of Section 199(1) Cr.P.C. or not - HELD THAT:- The Courts have no power to do justice or redress a wrong merely because no express provision of the Code can be found to meet the requirements of a case. All Courts, whether civil or criminal, possess, in the absence of express provision in the Code for that purpose, as inherent in its very constitution, all such powers as are necessary to do the right and to undo a wrong in the course of the administration of justice. This is based on the principle, embodied in the maxim “quando lex aliquid alicui concedit, concedere videtur id sine quo res ipsa esse non potest' - when the law gives a person anything, it gives him that, without which, it cannot exist. The High Court has, in addition thereto, and 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. The power under Section 482 Cr.P.C. is in its nature extraordinary and is to be exercised “ex debito justitae‟ to do the real and substantial justice for the administration of which alone Courts exist. The Court, therefore, has to be careful to see that its decision is based on sound general principles of criminal jurisprudence and is not in conflict with the statutory provisions. This provision cannot be invoked to override an express provision of law or when there is another remedy available - The present case does not fall within the aforesaid limitations as there is neither any express provision nor any express bar in the Code of Criminal Procedure for discharge of the accused at the stage of framing of notice under Section 251 Cr.P.C. if no prima facie case is made out against him. This Court is satisfied that ends of justice are higher than the ends of mere law and therefore, this case warrants the issuance of appropriate directions in exercise of power under Section 482 read with Section 483 Cr.P.C. and Article 227 of the Constitution to enable the Magistrate to discharge the accused at the stage of notice under Section 251 Cr.P.C. if no prima facie offence is made out - petition disposed off.
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