Section 482 Cr. PC

Section 482 does not confer any new powers on the High
Court. It only saves the inherent power which the Court
possessed before the enactment of the Code. It envisages three
circumstances under which the inherent jurisdiction may be
exercised, namely, (i) to give effect to an order under the Code
(ii) to prevent abuse of the process of court, and (iii) to
otherwise secure the ends of justice. It is neither possible nor
desirable to lay down any inflexible rule which would govern
the exercise of inherent jurisdiction. No legislative enactment
dealing with procedure can provide for all cases that may
possibly arise. Courts, therefore, have inherent powers apart
from express provisions of law which are necessary for proper
discharge of functions and duties imposed upon them by law.
That is the doctrine which finds expression in the section
which merely recognizes and preserves inherent powers of the
High Courts. All courts, whether civil or criminal possess, in
the absence of any express provision, as inherent in their
constitution, all such powers as are necessary to do the right
and to undo a wrong in course of administration of justice on
the principle "quando lex aliauid alicui concedit, concedere
videtur et id sine guo res ipsae esse non potest" (when the law
gives a person anything it gives him that without which it
cannot exist). While exercising powers under the section, the
court does not function as a court of appeal or revision.
Inherent jurisdiction under the section though wide has to be
exercised sparingly, carefully and with caution and only when
such exercise is justified by the tests specifically laid down in
the section itself. It is to be exercised ex debito justitiae to do
real and substantial justice for the administration of which
alone courts exist. Authority of the court exists for
advancement of justice and if any attempt is made to abuse
that authority so as to produce injustice, the court has power
to prevent abuse. It would be an abuse of process of the court,
to allow any action which would result in injustice and prevent
promotion of justice, fn exercise of the powers court would be
justified to quash any proceeding if it finds that
initiation/continuance of it amounts to 'abuse of the process
of court or quashing of these proceedings would otherwise
serve the ends of justice. When no offence is disclosed by the
report, the court may examine the question of fact. When a
report is sought to be quashed, it is permissible to look into
the materials to assess what the report has alleged and
whether any offence is made out even if the allegations are
accepted in toto.