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2021 Supreme(Gau) 621

SANJAY KUMAR MEDHI
Tulumoniduarah – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. N. Dutta and Mr. S. Borthakur
For the Respondent: Mr. Z. Kamar and Mr. H. Sarma

JUDGMENT :

1. The Hon'ble Supreme Court in the celebrated case of State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, after discussing various interpretations of the relevant provisions of the Code of Criminal Procedure, 1973 (‘Cr.PC’) under Chapter-XIV and the principles of law laid down in a catena of decisions qua the exercise of the inherent powers under section 482 of the Cr.PC as well as article 226 of the Constitution of India had laid down certain categories of cases by way of illustrations with a caveat that it may not be possible to lay down any precise, clearly defined and sufficiently channellized and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such powers should be exercised. The said illustrations are extracted herein below:

    “102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article 226 or the inherent powers under section 482 of the Code which we have extracted and reproduced above, we give the following categories

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