Natural justice in Section 482 proceedings requires notice before a discharge order is set aside and charges are directed to be framed.

Inherent jurisdiction under Section 482 of the Code of Criminal Procedure must be exercised with caution, and where a proposed order would prejudice a person in whose favour a discharge order has been made, natural justice requires notice and an opportunity of hearing. The Supreme Court held that the High Court could not set aside the discharge and direct framing of charges against the accused without first hearing him. The order was therefore unsustainable, and the matter had to be remitted for fresh consideration after affording the appellant notice and hearing.

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Issues: Whether an order passed in exercise of inherent powers under Section 482 of the Code of Criminal Procedure could set aside a discharge order and direct framing of charges against the accused without notice or hearing to him.

Analysis: The inherent power under Section 482 is intended to secure the ends of justice and prevent abuse of process, but it is an extraordinary power to be exercised with care. Where the proposed order directly prejudices a person in whose favour a discharge order has been made, principles of natural justice require that he be given notice and an opportunity of hearing before such order is passed. Since the High Court had set aside the discharge without serving notice on the appellant, the order suffered from procedural unfairness.

Conclusion: The order setting aside the appellant's discharge could not be sustained, and the matter was required to be remitted to the High Court for fresh consideration after hearing the appellant.

Ratio Decidendi: Inherent jurisdiction under Section 482 of the Code of Criminal Procedure cannot be exercised to the prejudice of a person without affording notice and an opportunity of hearing where the proposed order affects his rights.

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