TaxTMI 
TaxTMI 
2008 (12) TMI 811
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....any, who were responsible for the conduct of its business. Inter alia on the premise that the samples collected from the manufacturing unit of appellants at Solapur were found to be adulterated in terms of Rule 62(1) of the Prevention of Food Adulteration Rules, 1955 (in short Rs. 1955 Rules) providing for restriction on the use of anti-caking agents, a criminal complaint was filed in the Court of the Judicial Magistrate, First Class at Akkalkot, Solapur. Cognizance was taken thereof and summons were issued to the appellants. 4. They filed an application under Section 482 of the Code, which by reason of the impugned judgment and order dated 21st December, 2006 has been dismissed, stating: 2. The jurisdiction under Section 482 of the said Code has to be exercised sparingly and only in exceptional cases. As held by this Court in the case of V.K. Jain and Ors. (Supra) the jurisdiction under Section 482 of the said Code will not be exercised if recourse can be taken by the Applicants to the remedy of filing a Revision Application under Section 397 of the said Code. In this view of the matter, the Application is rejected. Notwithstanding the rejection of this Application, it wi....
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....ble. (See Surya Dev Rai v. Ram Chander Rai and Ors. AIR2003SC3044 ). Even in cases where a second revision before the High Court after dismissal of the first one by the Court of Sessions is barred under Section 397(2) of the Code, the inherent power of the Court has been held to be available. 9. The power of the High Court can be exercised not only in terms of Section 482 of the Code but also in terms of Section 483 thereof. The said provision reads thus: 483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates:- Every High Court shall so exercise its superintendence over the Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates. 10. Inherent power of the High Court is not conferred by statute but has merely been saved thereunder. It is, thus, difficult to conceive that the jurisdiction of the High Court would be held to be barred only because the revisional jurisdiction could also be availed of. (See Krishnan and Anr. v. Krishnaveni and Anr. 1997CriLJ1519 ). In fact in Adalat Prasad v. Rooplal Jindal and Ors. (2004)7SCC338 to which reference ....
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....t in G. Sagar Suri v. State of U.P. 2000CriLJ824 this Court has held: 7. It was submitted by Mr Lalit, learned Counsel for the second respondent that the appellants have already filed an application in the Court of Additional Judicial Magistrate for their discharge and that this Court should not interfere in the criminal proceedings which are at the threshold. We do not think that on filing of any application for discharge, the High Court cannot exercise its jurisdiction under Section 482 of the Code. In this connection, reference may be made to two decisions of this Court in Pepsi Foods Ltd. v. Special Judicial Magistrate 1998CriLJ1 and Ashok Chaturvedi v. Shitul H. Chanchani wherein it has been specifically held that though the Magistrate trying a case has jurisdiction to discharge the accused at any stage of the trial if he considers the charge to be groundless but that does not mean that the accused cannot approach the High Court under Section 482 of the Code or Article 227 of the Constitution to have the proceeding quashed against them when no offence has been made out against them and still why must they undergo the agony of a criminal trial. 8. Jurisdiction u....
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...., whether civil or criminal possess, in the absence of any express provision, as inherent in their constitution, all such powers as are necessary to do the right and to undo a wrong in the course of administration of justice on the principle "quando lex aliquid alicui concedit, concedere videtur et id sine quo res ipsae esse non potest" (when the law gives a person anything it gives him that without which it cannot exist). While exercising powers under the section, the court does not function as a court of appeal or revision. Inherent jurisdiction under the section though wide has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the section itself. It is to be exercised ex debito justitiae to do real and substantial justice for the administration of which alone the courts exist. Authority of the court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice, the court has power to prevent abuse. It would be an abuse of the process of the court to allow any action which would result in injustice and prevent promotion of justice. In exercise of t....