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2016 (9) TMI 1595 - SC - Indian LawsMaintainability 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.
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