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2014 Supreme(All) 995

SUDHIR AGARWAL
RAHEES @ BAURA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Md. Abrar Khan and Irfan U Huda for the Applicants; A.G.A. for the Opposite Party.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—This application under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) has been preferred with a sole prayer that Courts below be directed to consider bail application of applicants, on the same day, pursuant to First Information Report dated 28.4.2014 (Case Crime No. 408 of 2014) under Sections 147, 307, 120-B I.P.C.) registered at P.S. Chakeri, District Kanpur Nagar, in the light of decision of this Court in Smt.Amarawati and another v. State of U.P., 2004 (57) ALR 390 as approved by Apex Court in Lal Kamlendra Pratap Singh v. State of U.P., 2009 (3) ADJ 322 (SC).

2. I am required to consider whether such an application under Section 482 Cr.P.C. with the prayer, as aforesaid, is entertainable. The scope of Section 482 Cr.P.C., as is evident from a bare reading of aforesaid provision, can be culled out from the provision itself, which reads as under:

“482. Saving of inherent powers of High Court.—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 under this Code, or to prevent abuse of the process o























































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