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Therefore, while considering the question of exercise of powers by the executive and the judiciary, the principle laid down by the constitution bench of the Hon'ble Supreme Court in the case of K.M. Nanavati (supra) was that so long as the judiciary has power to pass the particular order in a pending case to that extent the power of the executive is limited and in view of the words either of section 401 and 426 cr.P.C. and Articles 142 and 161 of the Constitution. It would, thus, follow that what is covered under Article 142 is not covered under Article 161 and what is covered by Section 426 is not covered by section 401 Cr.P.C. The Governor or the executive would not exercise the powers until the matter is seized with the court and is sub-judice before it.