2016 (9) TMI 1595 - SC - Indian Laws

Maintainability of appeal - availability of remedy of criminal revision - Under Section 397 Code of Criminal Procedure - HELD THAT - Any attempt to explain the law further as regards the issue relating to inherent power of High Court Under Section 482 Code of Criminal Procedure is unwarranted. We would simply reiterate that Section 482 begins with a non-obstante Clause to state 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 under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. A fortiori there can be no total ban on the exercise of such wholesome jurisdiction where in the words of Krishna Iyer J. abuse of the process of the Court or other extraordinary situation excites the court s jurisdiction. The limitation is self-restraint nothing more. We venture to add a further reason in support. Since Section 397 Code of Criminal Procedure is attracted against all orders other than interlocutory a contrary view would limit the availability of inherent powers Under Section 482 Code of Criminal Procedure only to petty interlocutory orders A situation wholly unwarranted and undesirable. The matters are remitted back to the High Court for fresh hearing of the petitions Under Section 482 of the Code of Criminal Procedure - Appeal allowed by way of remand.

Summary

Issues:
1. Maintainability of petitions under Section 482 of the Code of Criminal Procedure.
2. Conflict between the judgments of different Division Benches regarding the availability of alternative remedies.
3. Interpretation of the inherent power of the High Court under Section 482 of the Code of Criminal Procedure.

Issue 1: Maintainability of petitions under Section 482 of the Code of Criminal Procedure:
The Supreme Court addressed the appeals challenging a common order of the High Court of Rajasthan, which dismissed petitions under Section 482 of the Code of Criminal Procedure citing the availability of remedy under Section 397. The Court found the High Court's view contrary to law and remanded the matters for fresh consideration on merits within the scope of inherent powers available to the High Court under Section 482.

Issue 2: Conflict between judgments of different Division Benches regarding the availability of alternative remedies:
The Court noted a conflict between Division Bench judgments on whether the availability of an alternative remedy of criminal revision under Section 397 precludes the filing of an application under Section 482. The matters were referred to a larger Bench to resolve this conflict, leading to the current consideration by the Supreme Court.

Issue 3: Interpretation of the inherent power of the High Court under Section 482 of the Code of Criminal Procedure:
The Court extensively discussed the inherent power of the High Court under Section 482, emphasizing that the inherent power is not limited by the availability of alternative remedies. The Court cited previous judgments to support the view that inherent power should be sparingly exercised, especially in cases of abuse of court processes or to secure the ends of justice. The Court clarified that the inherent power should not be restricted to only interlocutory orders and should be available for final orders as well. The judgment emphasized the importance of self-restraint in exercising inherent powers and the need to prevent unnecessary litigation and delays.

In conclusion, the Supreme Court allowed the appeals, set aside the impugned orders of the High Court, and remitted the matters back for fresh consideration in line with the law explained in the judgment. The Court directed the High Court to expedite the hearing and disposal of the matters within six months.