SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2017 Supreme(Mad) 1904

M.S.RAMESH
Ramalingam – Appellant
Versus
S. Subramanian – Respondent


Advocates Appeared:
For the Petitioners: Mr. N.R. Elango, Senior Counsel (Amicus Curiae), Mr. K. Raghupathy, Mr. S. Kalyanaraman, Mr. S. Parthasarathy, Mr. B. Vasudevan, Mr. A.G. Rajan, Mr. J. Franklin
For the Respondent: Mr. Rajarathinam, State Public Prosecutor Assisted by Mr. P. Govindarajan APP

ORDER :

1. One among the common questions that arises for consideration in the present petitions is as to whether the High Court, exercising its powers under Section 482 of the Code of Criminal Procedure, is empowered to quash or recall a Non-bailable Warrant when an alternate remedy under Section 70 (2) of the Code of Criminal Procedure empowers cancellation of the warrant by the court that had issued the warrant.

2. An analogous proposition came to be dealt by me in a recent decision in K. Raghupathy Vs. Commissioner of Police reported in 2017 (2) Lw (Crl.) 177. The order was made on the basis of the law laid down by the Hon’ble Supreme Court of India in the cases of Ramesh Kumari Vs. State (N.C.T. Of Delhi) and others reported in 2006 (1) CTC 666 and Prabhu Chawla Vs. State of Rajasthan and another reported in CDJ 2016 SC 810. The relevant portion of the K. Raghupathy’s case reads as follows:

“.5.For the sake of brevity, Section 482 of the Criminal Code of Procedure, 1973 is extracted:

“Section 482: Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent




























































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top