Inherent powers of the Court under CrPC

MANU/SC/0118/1996

Equivalent Citation: AIR1996SC484, JT1995(8)SC65, (1996)ILLJ1231SC, 1995(6)SCALE188, (1995)6SCC749, 1996(1)UJ80(SC), 1996LabIC462,1995]Supp4SCR644,(1996)1UPLBEC680

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 9830 of 1995.

Decided On: 01.11.1995

Appellants:B.C. Chaturvedi
Vs.
Respondent: Union of India and others

Hon'ble Judge:
K. Ramaswamy, .P. Jeevan Reddy and B.L. Hansaria, JJ.

Counsels:
For Appellant/Petitioner/Plaintiff: M.N. Krishnamani, Devender Singh, S.N. Terdol, Binu Tamta and P. Parmeshwaran, Advs

Subject: Constitution

Subject: Criminal

Subject: Service

3. … I would say that power to do complete justice also inheres in every Court, not to speak of a Court of plenary jurisdiction like a High Court. Of course, this power is not as wide which this Court has under Article 142. That, however, is a different matter.

Mohd. Azeem vs. A. Venkatesh and Anr. (16.08.2002 - SC)
MANUiSCi1O12i2002
Eq Cit: (2002)7SCC726
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. ... of 2002 Arising out of SLP (Cr!.) No. 1078 of 2002
Decided On: 16.08.2002
Appellants: Mohd. Azeern
Vs.
Respondent: A. Venkatesh and Am.
Hon’ble Judges:
M.B. Shah and D.M. Dharrnadhikari, JJ.
Subject: Criminal
Acts/Rules/Orders:
Criminal Procedure Code (CrPC), 1973 - Sections 200 and 256; Negotiable Instruments Act, 1881 - Section 138

4. In our opinion, the learned Magistrate and the High Court have adopted a very strict and unjust attitude resulting in failure of justice. In our opinion, the learned Magistrate committed an error in acquitting the accused only for absence of the complainant on one day and refusing to restore the complaint when sufficient cause for the absence was shown by the complainant.