Inherent criminal court powers extend to exemplary costs where needed to stop abuse of process and secure justice.

Section 482 of the Code of Criminal Procedure preserves the High Court's inherent power and is not limited by specific cost provisions elsewhere in the Code. That power may extend to litigation costs or exemplary costs where necessary to prevent abuse of process, curb frivolous or vexatious proceedings, and secure the ends of justice, provided the order is not inconsistent with the Code. The restrictive reading based on expressio unius est exclusio alterius was rejected as unsuitable to defeat the purpose of Section 482. On that basis, the High Court was held to have jurisdiction to impose exemplary costs in an appropriate case.

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Issues: Whether the High Court, while exercising inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973, has power to award costs, including exemplary costs, to prevent abuse of process and secure the ends of justice.

Analysis: Section 482 preserves the High Court's inherent powers and is not curtailed by the specific provisions in the Code dealing with costs in particular situations. The existence of express provisions for costs in some matters does not create a negative bar against awarding costs in appropriate cases under Section 482, so long as the order is not inconsistent with the Code. The power is extraordinary and must be exercised sparingly in exceptional cases, but it may extend to directing payment of litigation costs or exemplary costs where the proceeding is frivolous, vexatious, or amounts to abuse of process. The restrictive reading urged from the maxim expressio unius est exclusio alterius was rejected as inapplicable in a way that would defeat the purpose of Section 482.

Conclusion: The High Court had jurisdiction to impose exemplary costs under Section 482 of the Code of Criminal Procedure, 1973 in an appropriate case; the challenge to the order imposing costs failed.

Ratio Decidendi: The inherent power preserved by Section 482 of the Code of Criminal Procedure, 1973 includes the power to make ancillary orders, including costs, where necessary to prevent abuse of process or secure the ends of justice, provided the order is not inconsistent with the Code.

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