INHERENT POWER OF HIGH COURT

Inherent power is an exception not the rule, it is not conferred upon the body rather they exist per se because the body exist with the purpose.
It only saves the inherent power which the court possessed before the enactment of code. It merely acknowledges and declare the existence of such power . It envisage three circumstances under which inherent power may be exercised
1. To give effect to an order under the code .
2. To prevent abuse of the process of court
3. To otherwise secure the ends of Justice.
Section-482 cr.p.c uses the word Nothing in the code instead of Notwithstanding . The inherent power are saved by section-482 from any adverse effect by the express provision of cr.p.c if the word Notwithstanding being used it would amount to conferring and overriding power of the High Court.

~~firstly, inherent power cannot be conferred
~~secondly, it is in the very nature of the things that inherent power are complementary in the express provision and not against the provision of cr.p.c.

While exercising power under the section , the court does not function as a court of appeal and revision . Inherent jurisdiction under the section though wide has to exercised sparingly , carefully , and with caution. It is to be exercised ex debito justitiae to do real and substantial justice for the administration of which the court alone exist .

The court shall first examine the express provision and thereafter if there is no express provision providing for the necessary order then the H.C can exercise it's inherent power only for complementing the express provision and not overriding them