Inherent criminal jurisdiction cannot control remission decisions; challenges to executive clemency must proceed under Article 226.

Section 482 of the Code of Criminal Procedure cannot be used by the High Court to interfere with executive orders on remission, suspension or parole under Section 432. The inherent criminal jurisdiction is confined to orders necessary to give effect to the Code, prevent abuse of process, or secure the ends of justice in relation to judicial proceedings, whereas remission and related powers are executive functions reserved to the Government and constitutional authorities. Limited judicial review of such executive action lies under Article 226, not under Section 482. The reference was answered against the petitioners.

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Issues: Whether the High Court can invoke its inherent power under Section 482 of the Code of Criminal Procedure, 1973 to interfere with an order of the appropriate Government under Section 432 of the Code of Criminal Procedure, 1973 relating to remission, suspension or parole.

Analysis: The inherent power saved by Section 482 is confined to making orders necessary to give effect to orders under the Code, to prevent abuse of the process of any Court, or otherwise to secure the ends of justice in relation to judicial proceedings. The power of suspension or remission of sentence under Chapter XXXII is an executive function, distinct from judicial power, and operates in a field reserved to the Government and constitutional authorities. The Court distinguished between judicial control over proceedings pending before courts and interference with executive clemency or remission decisions, holding that such executive orders are not amenable to correction under Section 482. Any limited judicial review of such executive action lies under Article 226, not under the inherent criminal jurisdiction of the High Court.

Conclusion: The High Court has no jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 to interfere with or direct the exercise of the Government's power under Section 432; the reference was answered against the petitioners.

Ratio Decidendi: The inherent criminal jurisdiction of the High Court cannot be used to vise or control executive powers of remission, suspension, or parole conferred on the Government, and any challenge to such executive action must be pursued through judicial review under Article 226 rather than Section 482.

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