Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure · 197 3 - s. 482 - Inherent power |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure,· 1973 - s. 482 - Inherent power of High Court - Interference in investigation - Scope of - High Court refused to quash the FIR and consequential investigation, but passed an order that if the accused person surrenders before the trial magistrate he shall be admitted to bail - Held: While declining to quash FIR and investigation, Court cannot extend the privilege to.accused person which is in nature of an anticipatory bail - High Court's direction amounted to an order u/s.438 CrPC, albeit without satisfaction of the conditions of.the said provision - This is legally unsustainable - Constitution of India - Art. 226 - Bail. c D Code of Criminal Procedure, 1973 - s.482 - Exercise of power, scope - Held: The power u/s. 482 CrPC is very wide, but conferment of wide powers requires the court to be more cautious - It casts an onerous and more diligent duty on the Court - Courts · should oust and obstruct unscrupulous litigants from invoking the inherent jurisdiction of the Court for quashing of launching an FIR or investigation and then seek relief by an interim order - It is the obligation of the court t; keep such unprincipled and unethical F litigants at bay - Administration of Criminal Justice. Precedents: Binding effect of - Held: It is intellectual truancy to avoid the precedents and issue directions which are not in consonance with law - It is the duty of a Judge to sustain the judicial · balance and not to think of an order which can cause trauma to the process ·of adjudication - Culture of adjudication is stabilized when G ·intellectual discipline is maintained and further when such discipline constantly keeps guard on the mind. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 32 |
Petitioner | State Of Telangana |
Respondent | Habib Abdullah Jeelani & Ors. |
SCR | [2017] 1 S.C.R. 141 |
Judgement Date | 2017-01-06 |
Case Number | 1144 |
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