TMI Blog1992 (11) TMI 295X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner is as follows : The aforesaid Om Prakash is an opposite party in Misc. Case No. 46 of 1991 in the Court of Chief Judicial Magistrate, Mayurbhanj at Baripada.. An application had been filed Under Section 7 of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (in short, the 'Act') read with Sections 82, 83, 84 and 85, CrPC by the District Magistrate, Mayurbhanj. Section 7 of the Act authorises a Judicial Magistrate, first class, to take such action as contemplated Under Sections 82, 83, 84 and 85, where a person is believed to be an absconder in respect of an order of detention under the Act. The learned CJM passed an order directing the aforesaid Om Prakash Agarwalla to appear b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e wile of Om Prakash has interest in the property in respect of which attachment order has been passed and therefore, the petition is maintainable. 4. In the aforesaid background the question whether the petitioner has locus standi to file the application needs adjudication at the threshold. 5. Sections 397, 401 and 482, CrPC are analogous to Sections 435, 439 and 561(A) of the old Code of 1898 except for certain substitutions, omissions and modifications. Under Section 397, the High Court possesses the general power of superintendence over the actions of Courts subordinate to it ; which discretionary power when administered on administration side, is known as the power of superintendence, and on the judicial side as the power of revi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the High Court. The rule of inherent powers has its source in the maxim ' Guadolex aliguid alicui concedit, concedere videtur id sine quo ipsa es un potest which means .that when the law gives anything to anyone it gives also all those things without which the thing itself could not exist. 6. The Criminal Courts are clothed with inherent power to make such order as may be necessary for the ends of justice. Such power though unrestricted and undefined should not be capriciously or arbitrarily exercised, but should be exercised in appropriate cases, ex debito justice to do real and substantial justice for the administration of which alone the Courts exist. The powers possessed by the High Court Under Section 482, CrPC are very wid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 482 rests on the principle that no legislative enactment dealing with procedure can provide for all cases that can possibly arise, and that, accordingly where the Code has no specific provision to deal with a matter, the superior Court should have inherent power to deal with the matter, if it is necessary for the three purposes mentioned in the section, provided, further, the exercise of such inherent power would not be inconsistent with any specific provision of the Code. (See Pampathy v. State of Mysore. Ends of justice is a wide expression. The ends of justice are higher than the ends of mere law, though justice has to be administered according to laws made by the Legislature. The considerations justifying the exercise of inhere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... persons in whom the right personally inheres or their legally constituted representatives who are thus obviously most competent to commence the litigation. In contrast the strict rule of locus standi applicable to private litigation is relaxed as a broad rule is evolved which gives the right of locus standi to any member of the public acting bona fide and having sufficient interest in instituting an action for redressal of public wrong or public injury, but who is not a mere busy body or a meddlesome interloper; since the dominant object of Public Interest Litigation (in short, 'PIL')is to ensure observance of the provisions of the Constitution or the law which can be best achieved to advance the cause of community or disadvanta ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
