ASHISHBHAI NAGINDAS NAVSARIVALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Mr.Devnani, the learned APP waives service of notice of rule for and on behalf of the respondent no.1. Mr.Barot, the learned counsel waives service of notice of rule for and on behalf of the respondent no.2. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed for the following reliefs :

(2.) Facts in nutshell Criminal Appeal No. 576 of 2004, where the accused was convicted for an offence under Section 495 of the IPC, came up for admission hearing when the Court while admitting the appeal, released the applicant on bail. Thereafter the applicant has preferred the present application praying for the leave of the Court to compound the offence under Section 495 of the IPC and also for quashing and setting aside the judgment of conviction dated 20th April, 2004 passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No. 108 of 2001 where the appellant was convicted and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 25,000/-, in default to suffer rigorous imprisonment for one year.

(3.) Inherent powers 3.1 It will be useful to examine the development of law in regard to the inherent powers vested in the High Court under this provision. Though the judgments of the courts have been rendered in the facts of decided cases, nevertheless they are relevant in order to enunciate the principles of law. The views taken by different courts over a long period would be an appropriate guide for really determining the legislative intent and scope of this provision.