G S NAIDU Vs. JACOB MANICKAM

JUDGEMENT

(1.) The petitioner, viz., G.S. Naidu claiming to be the owner of the house situate at Door No.37, Kannikaparameswari Koil Street, Vellore and also claiming to be in possession thereof, came forward with the present action, invoking the inherent jurisdiction of this Court under Sec.482, CrLP.C. impleading one Jacob Manickam the Sub-Inspector of Police, and one Ganesan, the Inspector of Police, Vellore (North) as respondents 1 and 2 stating that the said respondents, abusing their position as police officials locked the said premises for no reasor whatever and even without any authority of law and took away the key and ir such circumstances, he would say that the ends of justice would require this Court to pass a suitable order directing the respondents to hand over tine key to him.

(2.) Learned counsel for the petitioner Mr. V. Sairam, would however make z vociferous argument that this Court is definitely having power under Sec.482 of the Code of Criminal Procedure, 1973 (II of 1974) in short the Code to order for the return of the key as prayed for by the petitioner in the circumstances oi the case. In amplification of this argument he would further say and lay sc much of emphasis upon the phraseology, viz., otherwise to secure the ends oi justice occurring in Sec.482 thereof and according to him the said phraseology does not restrict the power of this Court to do anything, if the court derives satisfaction that what is asked for to be done, if done, will serve the ends of justice.

(3.) To such a submission, I am not able to affix my seal of approval in the facts and circumstances of the case. The inherent power of this Court is dealt with by the salient provisions adumbrated under Sec.482 of the Code and it reads thus: