Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.438 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.438 – Anticipatory Bail granted to second respondent by High Court, however adverse directions passed against third party – In the instant case, second respondent filed an application u/s.438 before High Court seeking anticipatory bail for offences u/ss.406, 420, 467 and 468 IPC – High Court while allowing the said application, directed the authority to cancel the licence of agent granted to appellant and not to allow to work as agent in Bihar or anywhere else – Justification of such peremptory direction – Held: High Court went beyond what was needed for the disposal of the application u/s.438 – It passed peremptory direction against the third party – Such a peremptory direction, without even issuing any notice to the appellant was clearly unjustified – The adverse impact of the direction goes to the very livelihood of the appellant – Order of High Court modified by vacating the direction. |
Judge | N/A |
Neutral Citation | 2022 INSC 746 |
Petitioner | Kanchan Kumari |
Respondent | The State Of Bihar & Anr. |
SCR | [2022] 7 S.C.R. 138 |
Judgement Date | 2022-07-25 |
Case Number | 1031 |
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