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Inherent Powers of Court

Inherent powers of the court refer to those powers that are vested with the court to ensure that justice is done and that the legal process is not abused.

These powers are not mentioned specifically in the Code of Criminal Procedure, but are considered to be inherent in the nature of the court.

Some of the Inherent Powers of the Court are:

  1. Power to prevent the abuse of process: The court has the power to prevent the abuse of its process by any person. For example, if a person files a false complaint to harass someone, the court can take cognizance of the matter and take appropriate action.
  2. Power to ensure the ends of justice: The court has the power to do whatever is necessary to ensure that justice is done. This includes taking suo moto cognizance of a matter, issuing directions to the investigating agency, or ordering a retrial.
  3. Power to regulate its own proceedings: The court has the power to regulate its own proceedings to ensure that they are fair and just. This includes the power to summon witnesses, order the production of documents, and issue directions to the parties.
  4. Power to punish for contempt: The court has the power to punish for contempt of court, which includes any act that tends to interfere with the administration of justice or undermines the authority of the court.
  5. Power to quash proceedings: The court has the power to quash proceedings if they are found to be illegal, irregular or improper. This power is used sparingly and only in exceptional circumstances.
  6. Power to grant interim relief: The court has the power to grant interim relief to parties in a matter pending before it. This includes the power to grant an injunction, stay an order, or appoint a receiver.
  7. Power to set aside ex parte orders: The court has the power to set aside ex parte orders if they are found to be passed without giving the other party an opportunity to be heard.

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