Law:

Section:

Criminal Procedure Code (V of 1898)------S.561-A-Inherent powers of High Court very wide and un-definable-High Court can make all such orders which may do real and substantial justice. It is, no doubt, true that where express provision is made in the Code itself for a particular purpose, recourse cannot be had to the inherent jurisdiction to achieve the same purpose, but at the same time it has to be pointed out that the inherent power of the High Court is of a very wide and indefinable nature and in exercise of this power the High Court can make all such orders which may be necessary to do real and substantial justice and prevent abuse of the process of the Court, subject only to the limitation that it cannot override an express provision of the Code. Abdul Ali Khan Agha, Advocate Supreme Court instructed by Abdul Karim, Attorney for Petitioner. Afzal Haider, Advocate Supreme Court instructed by Wall Muhammad Khawoja, Senior Attorney for Respondent No. 2. Date of hearing : 11th April 1969. JUDGMENT HAMOODUR RAHMAN, C. J.-Three cases were registered against the management of the petitioner firm in the course of which the Police took into possession the buses of the firm, but by an order of the Ilaca Magistrate, passed on the 23rd September 1968, the buses were released and placed in the sapurdari of the firm. Later, on the application of the ex-Chairman of the Board of Management of the firm, the route permits were also taken into possession by the police on the 2nd October 1968, along with the relevant registration books. But again on the 7th October 1968, the Ilaca Magistrate ordered that if the route permits are not required by the police, they should be released on sapurdari to the Management or the firm against a security of Rs. 50,000. The police, however, it is alleged, made over the route permits to the ex-Chairman, one Abdul Rahim. The petitioner firm, accordingly, made an application under section 516-A of the Criminal Procedure Code for the return of the route permits. This application was dismissed by the Magistrate on the ground that he had no jurisdiction to adjudicate upon disputes relating to the management of the firm. An appli­cation under…

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