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

1992 Supreme(All) 101

K.C.BHARGAVA
ASHOK KUMAR SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


K. C. BHARGAVA, J.

( 1 ) THIS is a petition under S. 482, Cr. P. C. for quashing the FIR and for directing that the petitioners be not arrested during the investigation. The petition is opposed.

( 2 ) HEARD the learned counsel for the petitioners and the learned Additional Government Advocate.

( 3 ) LEARNED counsel for the petitioners has argued that in proceedings under S. 482, Cr. P. C. the Court has ample power to stay the arrest of the petitioners. In support of his contention the learned counsel for the petitioners placed reliance on the case of State of Bihar v. P. P. Sharma, AIR 1991 SC 1260. A perusal of this case goes to show that it is no authority for the proposition that the arrest of an accused can be stayed in proceedings under S. 482, Cr. P. C. Learned counsel for the petitioners has argued that by implication this power vests in the court under S. 482, Cr. P. C. From a perusal of this case law, it does not go to show that this court by implication has also any power to stay the arrest of an accused.

( 4 ) RELIANCE has also been placed on the case of Delhi Judicial Service Association, Tis Hazari Court, Delhi v. State of Gujarat, AIR 1991 SC 2176. In this case also th





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