U.P. Shaskiya Adhivakta Kalyan Samiti, ... vs State Of U.P. Through Prin. Secretary ... on
told the police about other articles lying in the bag, robbed
S. C No. 321/07 : State vs. Sohan ... none of them had actually kept the articles in
robbed guthi and it appears that list of articles alleged to have been robbed was based
section 321 and "Discharge"
of an accused made under section 227 or 239 of the Code of
Criminal Procedure .
HEADNOTE:
Under Article ... guided power or else it will fail foul of Article 14 of the
Constitution- Section 321 is more or less similar to the
powers
Court took serious note of the manner in which power under Section 321 Cr.P.C. was sought to be exercised. Accordingly, a detailed order ... power of withdrawal can be exercised by State Government under Section 321 of Code of Criminal Procedure in a whimsical or arbitrary manner
court
under section 321 of the Code, is amenable to the power of
judicial review of the High Court under Article 226. He therefore
submitted ... court
under Section 321 of the Code was explained in SHEONANDAN
PASWAN (supra), thus:
4
0
"Since Section 321 finds a place in this
trial court would apply its mind to the application moved under Section 321 Cr.P.C. where it can also examine the opinion expressed ... trial court. He therefore submits that the exercise of power under Article 226 of the Constitution of India at this stage on the issues
Governor under Article 161 of the Indian Constitution is amenable to judicial review by this Court in exercise of its power under Article ... powers under Article 161 of the Constitution cannot" sit in judgment over the order under Section 321 Cr.PC which had attained finality
CURCC 321
ORDER
S. Samvatsar, J.
1. Heard counsel.
2. This petition is filed by the claimant under Article 227 of the Constitution of India
Servant who had been residing at the 1 st Floor,
H.No. 321, Kucha Meer Ashiq, Chawari Bazar, Jama Masjid, Delhi (herein after referred ... 321, Kucha Meer Ashiq,
Chawari Bazar, Jama Masjid, Delhi had been demolished, all his locks have been broken and
his entire household articles have been
basis of classification and the object of the Act under
consideration. Further Article 14 condemn,,; discrimination
not only by a substantive law but also ... 321 U. S. 1 ; 88 L. Ed. 497), referred to.
JUDGMENT:
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 83 of
1953.
Appeal under article