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2017 Supreme(SC) 26

DIPAK MISRA, AMITAVA ROY
State of Telangana – Appellant
Versus
Habib Abdullah Jeelani – Respondent


JUDGMENT :

Dipak Misra, J.

The seminal issue that arises for consideration in this appeal, by special leave, is whether the High Court while refusing to exercise inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) to interfere in an application for quashment of the investigation, can restrain the investigating agency not to arrest the accused persons during the course of investigation.

2. The facts lie in a narrow compass. On the basis of a report by the informant under Section 154 CrPC, FIR No. 205/2014 dated 26.07.2014 was registered at Chandrayanagutta Police Station, Hyderabad for the offences punishable under Sections 147, 148 149 and 307 of the Indian Penal Code (IPC). Challenging the initiation of criminal action, the three accused persons, namely, accused Nos. 1, 2 and 5, (respondent Nos. 1, 2 and 3 herein) invoked inherent jurisdiction of the High Court in Criminal Petition No. 10012 of 2014 for quashing of the FIR and consequential investigation. As the impugned order would show, the learned single Judge referred to the FIR and took note of the submissions of the learned counsel for the petitioners therein that all the allegations that had been raised


























































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