1990 (3) TMI 377

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....complaint by the appellant for offences under sec- tions 452 and 323 I.P.C., the Judicial Magistrate First Class, Patna, in exercise of power under section 192(2) Cr.P.C. transferred the case for enquiry under section 202 of the Code. The Court of the Second Class Magistrate, after examining witnesses, by order dated 22.3. 1985 issued proc- ess to the two accused, the respondents herein. The order of the Magistrate issuing process was challenged by the re- spondents under section 482 before the High Court. The main ground urged before the High Court was that the First Class Magistrate had transferred the case without taking cogni- zance of the offence and the subsequent proceedings were, therefore, illegal. The High Court, by its order date....

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.... in order for the High Court to exercise its inherent powers in the prevailing circumstances and pass appropriate orders to secure the ends of justice or to prevent the abuse of the process of the Court. Where there is no such changed circumstances and the decision has to be arrived at on the facts that existed as on the date of the earlier order, the exercise of the power to reconsider the same materials to arrive at different conclusion is in effect a review, which is expressly barred under section 362. In the present case, there had been a definite finding that the complaint was taken cognizance of by the Magistrate before he transferred the proceedings under section 192(2) for enquiry under section 202 Cr.P.C. This finding has been arri....

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....t deemed fit to prevent abuse of the process of the Court or to secure the ends of justice and the High Court must therefore exercise its inherent powers having regard to the situation prevailing at the particular point of time when its inherent jurisdiction is sought to be invoked. In that case the facts and circumstances obtaining at the time of the subsequent application were clearly different from what they were at the time of the earlier application. The question as to the scope and ambit of the inherent power of the High Court vis-a-vis an earlier order made by it was, therefore, not concluded by this decision. The inherent jurisdiction of the High Court cannot be invoked to override bar of review under section 362. It is clearly stat....