Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 561-A, 439 & 439-A--Object of inherent--Powers of High Court--Being aggrieved an application filed u/S 561-A Cr.P.C. in the High Court--Dismissed--Assailed--Determination--Whether the jurisdiction of High Court u/S 561-A Cr.P.C. could have been invoked--When the Revisional Court had already exercised powers u/Ss. 439 and 439-A Cr.P.C.--Object of S. 561-A Cr.P.C. conferred on High Court is to do real and substantial justice and to prevent abuses of process of Court--To secure ends of Justice, powers of High Court are very wide and unlimited but such powers cannot be exercised as to interrupt or divert ordinary course of criminal procedure--Inherent powers of High Court can be invoked where it is established that proceedings against a person seeking quashment of his case are either malafide, coram non judice or clear violation of the procedure or such proceedings amount to abuse of process of Court--Inherent powers of High Court are not impinged, curtailed or limited by the powers possessed by the Courts u/S 435/439 Cr.P.C.--But jurisdiction u/S 561-A Cr.P.C. is not available to a party by way of additional or alternative jurisdiction after exhausting revisional jurisdiction--Powers u/S 561-A Cr.P.C. are independent of powers u/S. 439-A Cr.P.C.--After decision of revision an application u/S 561-A Cr.P.C. is not maintainable--Powers u/S 561-A Cr.P.C. are to be exercised in exceptional cases--Power conferred on High Court being extraordinary must be exercised sparingly with utmost care and caution, should not be used to obstruct or divert ordinary course of criminal procedure. [Pp. 199, 201 & 203] A, B & C Criminal Procedure Code, 1898 (V of 1898)-- ----S. 145--Essentials--Object of proceedings--Breach of peace and to maintain status quo--Purpose is to meet an emergent situation in order to maintain peace and to enable the parties to set the controversy at naught through civil Court--Mandatory requirement of S. 145 Cr.P.C. is that there must not only be dispute, but likely to cause breach of peace--In present case there was no apprehension of breach of peace--Question of title was involved--Deviation…

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