9911796707
TMI Blog1999 (7) TMI 706X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by so called misconduct of the judicial officer. It is true that under Section 482 of the Code, the High Court has inherent powers to make such orders as may be necessary to give effect to any order under the Code or to prevent the abuse of process of any Court or otherwise to secure the ends of justice. But the expressions abuse of the process of law or to secure the ends of justice do not confer unlimited jurisdiction on the High Court and the alleged abuse of the process of law or the ends of justice could only be secured in accordance with law including procedural law and not otherwise. Further, inherent powers are in the nature of extraordinary powers to be used sparingly for achieving the object mentioned in Section 482 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of appearing before the trial court the accused filed a petition under Section 482 of the Code which was numbered as Criminal Miscellaneous Case No. 743 of 1997 before the Lucknow Bench of the High Court of Allahabad. The matter was placed before Virendra Saran J. The learned judge called for the comments of the Sessions Judge concerned. The Court also directed the Sessions Judge to send the record including the short-hand book in a sealed cover. Thereafter on 6th January, 1998 the High Court stayed the execution of warrants of arrest issued against the accused. It appears that from 6th January, 1998 to 29th January, 1999 the High Court posted the Criminal Miscellaneous Case to a large number of days for hearing, but unfortunately on every ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed who were convicted of the offence of murder of two persons have succeeded in evading the arrest till that date and it amounts to abuse of the process of the Court and the judicial system. It was submitted that accused have misled the High Court by their misrepresentations and having obtained an interim order of stay of arrest, accused on one pretext or the other, succeeded in getting adjournments and thus delayed hearing of the matter. It was, therefore, prayed that the proceedings in the High Court be quashed or the High Court be directed to dispose of the application under Section 482 filed by the accused. On 1st April, 1999 this Court has directed as under: Issue notice. The order passed by the High Court staying the arrest of res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 482 of the Code and stonewalled the very efficacious alternative remedy of appeal as provided in the Code. Merely because the accused made certain allegations against the trial judge the substantive law cannot be bypassed. 10. In this view of the matter, this appeal is allowed and the order passed by the High Court entertaining the petition under Section 482 and the other interim orders passed thereunder are quashed. The learned Sessions Judge is directed to hear the accused on the question of sentence and pass appropriate orders according to law. Till then the accused shall remain in jail. This appeal stands disposed of accordingly. 11. We make it clear that it is open to the High Court to consider all the contentions which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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