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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SUBHASH VIDYARTHI
Jyoti Ravat Opposite Party – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. – Respondent
Inherent powers under Section 482 of the Criminal Procedure Code can be exercised to prevent abuse of process and secure justice, particularly in unsubstantiated allegations.
The court reaffirmed the jurisdiction to quash proceedings under section 482 of the Code of Criminal Procedure to prevent abuse of legal process.
Anticipatory bail is crucial to prevent arbitrary arrest without substantive evidence, ensuring individual liberty against unfounded allegations.
Defendants must demonstrate sufficient cause for absence in ex-parte proceedings; mere claims of ignorance or improper service do not suffice.
The court reaffirmed the importance of the principle of natural justice and the procedural correctness required in appeal processes under the Civil Procedure Code.
The Small Cause Court can adjudicate incidental title issues in eviction proceedings, but such findings do not operate as res judicata in subsequent civil suits.
The judgment does not provide specific details about the main legal point established.
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