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J.B. Pardiwala, Ujjal Bhuyan, JJ
Om Prakash Chhawnika – Appellant
Versus
State Of Jharkhand – Respondent
Key Points: - The High Court denied anticipatory bail to the petitioner in connection with a private complaint case and the Supreme Court discusses reasons and implications. (!) - The Supreme Court notes that in private complaints, cognizance and process issuance do not justify arrest, and police have no power to arrest without a non-bailable warrant in such contexts. (!) - The Court discusses the validity of directions requiring surrender before the court and seeking regular bail, finding such directions without jurisdiction. (!) (!) - The matter emphasizes the proper scope of Section 87 Cr.PC and cautions against unnecessary anticipatory bail petitions in private complaints. (!) (!) - The petition is disposed of with directions to forward copies of the order to High Courts for consideration. (!) (!)
| Table of Content |
|---|
| 1. summary of lower court proceedings regarding bail. (Para 4 , 5 , 6) |
| 2. limitations on police arrest powers in private complaints and judicial discretion. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. final directions to high courts and disposal of the petition. (Para 14 , 15 , 16 , 17 , 18) |
O R D E R
CHANDRESH Date: 2026.04.23 Reason:
1. The High Court has denied anticipatory bail to the petitioner in connection with Complaint Case No. 6181 of 2021, instituted at the instance of the Respondent No.2 before us (original complainant), for the offence punishable under Sections 323, 420, 467, 468, 471 and 120B read with 34, respectively, of the Indian Penal Code, 1860 (for short “the IPC”).
2. Prima facie, it appears from the allegations levelled in the complaint and the other materials on record that there is a dispute between the complainant (Respondent No.2) and the petitioner (original accused) before us with respect to two plots of land bearing nos. 1608-1609, respectively, admeasuring
110 kathas.
3. We are not concerned with the case put up by the complainant at this stage. We are concerned with something which we should not overlook or ignore. The impugned order passed by t
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