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ASHWANI KUMAR MISHRA, MOHD. AZHAR HUSAIN IDRISI
Ram Niwas Bansal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Delivered by: Hon’ble Ashwani Kumar Mishra, J.)
1. In a petition filed under Section 482 Cr.P.C. for quashing the charge-sheet, after rejection of anticipatory bail application, learned Single Judge of this Court referred the following questions for determination by a Larger Bench:-
(2) If it can, is it open to the Court, seized of the Application u/s 482 of the Code, to pass an interim order of stay of proceedings, the effect whereof would be to relieve the applicant of his obligation to surrender and seek bail, though anticipatory bail has been declined on his application, earlier made for the purpose? This difficulty may arise in jurisdictions/Courts where there is a practice of filing applications seeking a 'rolled up relief', invoking simultaneously jurisdiction of the Court, under Section 482/438/439 of the Code.”
2. The petition for quashing of charge-sh
Anticipatory bail can be granted even after a charge-sheet is filed, and inherent powers under Section 482 Cr.P.C. can be invoked to prevent abuse of process and secure justice.
The High Court retains inherent powers under Section 482 Cr.P.C. to quash proceedings under the SC/ST Act, even when statutory remedies exist, to prevent abuse of process and secure justice.
Point of law : Needless to point out that if the law provides a particular remedy to an accused, then it is always open for him to exhaust the same while approaching the concerned Court while filing ....
Point of law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see ....
Points of law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see....
(1) When challenge lies to entire proceeding of a case registered under SC/ST Act, High Court could entertain the case under its inherent jurisdiction to secure end of justice – High Courts are not m....
The power of quashing criminal proceedings under Section 482 of the Code should be exercised sparingly and only in exceptional cases where no cognizable offense is disclosed in the FIR.
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