Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Procedure Code 1973: Section 429 Constitution of India: Article 136 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Procedure Code, 1973/ Constitution of India: Section 439/ Article 136- Bail- Single Judge of High Court granted bail to certain accused persons-Petition moved by a group of practising Advocates before Chief Justice of the High Court seeking initiation of suo motu proceedings for cancellation of bail- Also prayed for posting of the petitions before a Division Bench of the High Court-Matter placed before the Division Bench-Division Bench refused to exercise suo motu power on the ground of non-maintainability of the petitions presented by the Advocates-On appeal, Held: Neither any practising Advocate who had nothing to do with the particular case nor any other person can challenge the order of the Single Judge by moving the same High Court subsequently-Only remedy available was to move the Supreme Court under Article 136. Power of cancellation of bail under Section 439(2) can also be exercised by High Court suo motu- Petition before the High Court seeking exercise of suo motu powers in a particular case can be presented by any member of the public- Division Bench erred in refusing to exercise suo motu powers on the ground of non-maintainability. Prerogative of Chief Justice-Distribution of Business in the High Court-Chief Justice empowered to allot cases to Single Judge or a Division Bench-All matters which can be heard and decided by Single Judge can also be heard and decided by Division Bench but not vice versa. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 2000 INSC 56 |
Petitioner | R. Rathinam |
Respondent | State By Dsp, District Crime Branch, Madurai District, Madurai And Anr. |
SCR | [2000] 1 S.C.R. 718 |
Judgement Date | 2000-02-08 |
Case Number | 152 |
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