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Adv Rahul Shinde (Lawyer)     03 December 2014

Inherent powers to session court

U/s 482 CrPC. High Court Have Inherent Power e.g Quashing FIR Or some Other things like direction to subordinate officers....


But is there any power to be  given to Session court other that Sec. 227 , Sec. 239, Sec. 439 of CrPc.  


 14 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 December 2014

The inherent power is extraordinary and is to be used sparigly and not arbitrarily. Powers expressly taken away by legislation cannot be exercised under inherent power. Inherent powers are also applicable to Appeal and Revision. They cannot be exercised at investigation sstage. Final order cannot be recalled, reviewed or revised. Inherent jurisdiction can be exercised to prevent absuses of process of Court or to secure the ends of justice. Judgment once signed cannot be reversed. It applies to all Courts including High court. No criminal court has inherent power to alter or reverse it. Lower courts have also inherent powers. 

Adv Rahul Shinde (Lawyer)     04 December 2014

Resp. Ramacharya ji,  .

take a one example for  inherent query

e.g  302 IPC offence is done by pistol, Charge-Sheet has been filled, but there is no any ballistic report  of bullets in Charge-sheet or some others report not investigated by I.O.

for it we have to file writ in H.C for giving direction to police for produce report.   As H.C have power to grant direction. 

so does session court have power of same of granting directions ?????????    

adv.raghavan (Advocate,9444674980)     04 December 2014

You can give a try under section 233(3) of crpc for the same, failure to get the necessary report, the same may be escalated to high court.

harish (finance)     05 December 2014

High court quash 498a case but that day wife and her lawyer was absent. She appeal on supreme court. Is her appeal can accept or not. I receipt not SC for reply.

T. Kalaiselvan, Advocate (Advocate)     08 December 2014

@Harish:  Your query is irrelevant to the original query posted in this thread by another querist.  You may post your queries in your own thread.  Now to your query, please be clear and specific in what you want to ask/clarify, without which you may not get a proper reply of opinion, in case you get one also it will be a misguidance.

Advocate Ravinder (Advocate/Attorney)     27 December 2015

Can any body can tell me what is the provision of inherent powers of trial court and sessions court in Cr.P.C.  Whereas the High Court has powers under sec. 482 Cr.P.C. but what about trial court and sessions court in Cr.P.C.

Sidharth   08 January 2016

Dear Ravinder, Session court can also order under 482crpc.

Pls read this summary of National Judicial Academy

Sidharth   08 January 2016

Sidharth   08 January 2016

Advocate Ravinder (Advocate/Attorney)     08 January 2016

Dear Sidharth,


Thanks for your good citation.  Atlast, I could get some relief from you.  Mr. Ramachary, Advocate had said in this link that “Lower courts have also inherent powers” But unfortunately he has not given any citation to strengthen his version.


I have gone through the link you have provided.  But nowhere it is mentioned that the Sessions Court has inherent powers similar to high court powers.  It only said that the petitioners who comes to High Court should first utilize the revisional powers vested in Sessions Court. I have reproduced relavant part of your own link:


Finally while disposing of the petitions, the High Court observed that such remedy is also available in the Sessions Court and criticized such practice of unnecessary consumption of the judicial time by affluent people which corners the poor convicted  prisoners and denies them the timely availability of judicial process for whom High Courts are the only available appellate forum


I even tried to get the complete judgement of M/s. Pricewater House Coopers Pvt. Ltd. v. Mr.C. Anthony Louis, but it is not available in the google search or indiankanoon.  I will try to get it from High court library. I would like to have your comments in this regard.  If my contention is wrong, kindly clarify me. 

Madhu Mittal (Director)     09 January 2016

Respected Sir Ravinderji,

it may be useful:


Civil Appeal No. 9830 of 1995.

Decided On: 01.11.1995

Appellants:B.C. Chaturvedi
Respondent: Union of India and others

Hon'ble Judge:
K. Ramaswamy, .P. Jeevan Reddy and B.L. Hansaria, JJ.

3. ... I would say that power to do complete justice also inheres in every Court, not to speak of a Court of plenary jurisdiction like a High Court. Of course, this power is not as wide which this Court has under Article 142. That, however, is a different matter.

Sidharth   09 January 2016

Dear Ravinder,

As we all know session  court is presided over by a Judge, appointed by the High Court of that particular state. The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges in this court.[1]

In Indian cities, the Sessions Court is responsible for adjudicating matters related to criminal cases.

And it is clearly written that session court can hear application u/s 482 crpc and order as per powers provided in section. 

It is also stated that 482crpc and 151 cpc is almost similar Please read both attachments again.

Advocate Ravinder (Advocate/Attorney)     10 January 2016

Dear Sidharth,

It is mentioned in the 7th para. I have only 1st para with me. I think the below mentioned window is of the same Pricewaterhouse judgement.  If I get the complete judgement, then my doubts will be cleared.  The SC Judgement quoted by Madhu Mittal is also mentioned in your citation.  I will collect the pricewaterhouse judgement from High court as soon as court reopens.  Anyway lot of thanks to Sidharth and Madhu Mittal. 

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