complainant invoked
the inherent power of the High Court under s. 561A of the
Code and the High Court took the view that under that ... effective by invoking the
inherent power of the High Court under S. 561A of the Code.
But the inherent power has to be exercised sparingly
this Court dismissed the application.
Thereafter an application was filed under Section 561A which came before Bind Basni Prasad J. That learned Judge ... Court under a misapprehension as to the facts the provisions of Section 561A can be applied and the order revised.
16. In all these cases
Code of Criminal Procedure (Act 5 of 1898), s. 561A-Appeal
to High Court aganst conviction-Accused released an bail by
High Court-If bail ... State made two applications under ss.
498(2) and 561A, Criminal Procedure Code for cancellation of
the bail granted to the two appellants. In support
relied on the inherent power of the High Court under Section 561A and while conceding that there is no specific provision in the Code itself ... requisition to its aid the inherent power conferred upon it by Section 561A. It is true and it is well settled that when you have
that we should exercise the Jurisdiction conferred upon us under Section 561A, Criminal P. C.
The Privy Council in two decisions in -- 'Emperor ... Jairam Das v. Emperor ' has taken the view that Section 561A does not confer any new power upon the High Court. It merely safeguards
power to issue a commission for the examination of witnesses under Section 561A of the Code of Criminal Procedure in cases which do not fall ... power to issue a commission, either under Section 508 or under Section 561A of the said Code, should that power be exercised and a commission
This petition raises an interesting question as to the interpretation of Section 561A of the Code of Criminal Procedure, 1898.
2. The relevant facts ... fine of Rs. 50. The petitioner has presented this petition under Section 561A of the Criminal Procedure Code praying that the appeal should be restored
application by Bombay Cycle & Motor Agency Ltd., under Section 561A of the Criminal Procedure Code, for setting aside the order regarding the disposal ... that, in exercise of the inherent powers of this Court under Section 561A of the Criminal Procedure Code, the order regarding the disposal
then, in that view alone, this Court, having inherent jurisdiction, under Section 561A of the Code, to make the order asked for, should ... facts of the present case, inherent powers of this Court under Section 561A. also could not be exercised by this Court. He relied, in support
recourse to, inherent power,
under Section 561A (482 new) Cr.P.C ., would not be
permissible irrespective of the fact whether special leave to
appeal ... Privy Council further held, in Lala Jairam Das (supra), that
Section 561A Cr.P.C., which embodies inherent power,
confers no new power
