TMI Blog1978 (12) TMI 195X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Courts. The Division Bench thought that the two question are very important and should be decided by a Full Bench. 3. Apart from the different view points expressed on these questions by learned single Judges of this Court and of other High Courts, the Supreme Court itself in a Bench of two learned Judges held the view m Amarnath v. State of Haryana. 1977CriLJ1891 : Section 482 contains the inherent powers of the Court and does not confer any new powers but preserves the powers which the High Court already possessed. A harmonious construction of Ss. 397 and 482 would lead to the irresistible conclusion that where a particular order is expressly barred under S. 397(2) and cannot be the subject of revision by the High Court, then to such a case the provisions of S. 482 would not apply. It is well settled that the inherent powers of the Court can ordinarily be exercised when there is no express provision on the subject matter. Where there is an express provision barring a particular remedy the Court cannot resort to the exercise of inherent powers. However, in a later decision in Madhu Limaye v. State of Maharashtra. 1978CriLJ165 , a Bench of three Hon'ble Judges of the Suprem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercise of the revisional power of the High Court under the 1898 Code, the High Court will refuse to exercise its inherent power, but in case the impugned order clearly brings about a situation which is an abuse of the process of the Court or for the purpose of securing the ends of justice and interference by the High Court is absolutely necessary, then nothing contained in S. 397(2) can limit or affect the exercise of the inherent power by the High Court. But such cases would be few and far between. High Court must exercise the inherent power very sparingly. This state was illustrated by referring to a case where the quashing of a criminal proceeding initiated being illegal or vexatious or as being without jurisdiction is desirable. Summing up the position the learned Judge painted out that the bar under S. 397(2) will not operate to pre vent the abuse of the process of the Court and/or to secure the ends of justice. The label of the petition filed by an aggrieved party is immaterial. The High Court can examine the matter in an appropriate case under its inherent. In this manner in Madhu Limaye's case (supra) the larger Bench expressed the view that the statement of the law c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 1977. Aggrieved by that dismissal order, the petitioner preferred a criminal revision petition 61/77 under S. 397(1) to the Sessions Court, Krishna By its order dated 14th Dec., 1977 the Sessions Court affirmed the Sub-divisional Magistrate's order. Not resting content with it, he is now seeking to file a further revision to this Court and that is S. R. No. 90529. The other two viz. S.R. Nos. 90530 and 90531 are with the intention of seeking orders of stay and of appointing a receiver. 8. The office raised an objection as to the maintainability of a further revision, since second revision at the instance of the same party is barred under sub-section (3) of S 397. It must, however, be noted that the petitioner sought to file these petitions to quash the order of the Sessions Court, Krishna under Sec. 482 of the Criminal Procedure Code. 9. The language of sub-sec. (3) of S. 397 contains no ambiguity. If any person has already chosen to file a revision before the High Court or to the Sessions Court under sub-sec. (1),the same person cannot prefer a further application to the other Court. To put it in other words. Sub-secs. (1) and (3) make it clear that person, aggrieved by any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... '. Once again the bar is that if a Person has chosen a remedy of filing a revision before the Sessions Judge, the decision of the Sessions Judge is Final and the Same person is precluded from filing any other revision either before the High Court or anti other Court. It is worthy of note that the inhibition contained in Section 389(3) also is against the same person seeking a remedy either before the High Court or any other Court, once he has preferred a revision to the Sessions Judge where a decision has been rendered. 11. At the same time S. 482 Cr. P. C. declares that nothing in that Code shall be deemed to limit or affect the inherent power of the High Court to make such orders as may be necessary to give effect to any order under that Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. There is a large volume of judicial pronouncements on the scope of the inherent power of the High Court culminating in the latest decision of the Supreme Court in Madhu Limaye's case (AIR 197S SC 47) (supra). The Supreme Court ruled that the inherent power is not to be resorted to if there is a specific provision in the Code for the redress of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to a party who does not appeal when appeal lies but applies in revision, but the same does not stand in the way of the High Court's exercise of power of revision suo motu. This ratio laid down by the Supreme Court in respect of S. 397(1) vis-a-vis Sec. 377 and S. 401(4) would equally apply to the exercise of power of revision suo motu by the High Court in other respects wherever it is necessary to prevent abuse of process of any Court or to secure the ends of justice as enshrined in that salutary provision under S. 482 Cr. P. C. For such a just exercise of power suo motu by the High Court, S. 397(3) Criminal P. C. should not come in the way. 14. In State of Karnataka V. L. Muniswamy 1977CriLJ1125 it was held by Chandrachud, J. (as he then was), who spoke for the Court. that in the exercise of the wholesome power under S. 482 the High Court is entitled to quash a proceeding, if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the Court or that the ends of justice require that the proceeding, ought to be quashed. But This power, as has been explained by the Supreme Court on mole than one occasion, has to be exercised very spa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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