THOMAS Vs. EMMANNUEL

JUDGEMENT

(1.) In this Crl. M.C. the question that arises for consideration is whether the inherent power of the Court could be allowed to be invoked for the purpose of making good what was lost by inaction in not preferring an appeal in time.

(2.) The first petitioner was complainant in a private complaint which involved misappropriation of a fishing boat alleged to have been entrusted to the first accused in that case who is the first respondent herein. During the pendency of the complaint an order under S. 451 of the Code was passed entrusting the boat or its parts to the present first petitioner along with a surety on execution of bond. The surety is the 2nd petitioner. Ultimately the complaint failed and it appears that there was some observation or finding that the matter involved is only of a civil dispute. Many proceedings followed. It came to the question of enforcing the bond. The Magistrate proceeded against both the petitioners and ordered enforcement of the bond. Against that order, instead of preferring an appeal as provided under S. 449 of the Code, the petitioners thought of invoking the inherent jurisdiction of this Court and they filed a petition under S. 482. That was dismissed with an observation that an appeal is the remedy available. An appeal was filed and it was dismissed as out of time. Against that order a revision was filed before this Court and that was also dismissed. It was under such circumstances that the present petition was filed stating that it is an extreme hard case in which the inherent jurisdiction of the Court will have to be exercised in order to meet the ends of justice or to prevent the abuse of process of Court.

(3.) S. 482 of the Code is often being attempted to be used against the object and purpose for which it is intended. Those powers are intended to be exercised in cases of grave and clear injustice in order to give effect to orders, prevent abuse of process of courts or otherwise to secure the ends of justice. That power cannot be exercised when there is a remedy already available. For doubtful or trivial matters also inherent power cannot be invoked.