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1 - 10 of 43 (1.11 seconds)Section 438 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 154 in The Code of Criminal Procedure, 1973 [Entire Act]
Article 21 in Constitution of India [Constitution]
Amarawati And Anr. (Smt.) vs State Of U.P. on 15 October, 2004
“6. The learned counsel for the appellant apprehends that the appellant
will be arrested as there is no provision for anticipatory bail in the
State of U.P. He placed reliance on a decision of the Allahabad High Court
in Amarawati v. State of U.P. (supra) in which a seven-Judge Full Bench of
the Allahabad High Court held that the court, if it deems fit in the facts
and circumstances of the case, may grant interim bail pending final
disposal of the bail application. The Full Bench also observed that arrest
is not a must whenever an FIR of a cognizable offence is lodged.
The Code of Criminal Procedure, 1973
Jehan Singh vs Delhi Administration on 27 March, 1974
In Bhajan Lal (supra) the two-Judge
Bench after referring to Hazari Lal Gupta v. Rameshwar Prasad[7], Jehan
Singh v. Delhi Administration[8], Amar Nath v. State of Haryana[9],
Kurukshetra University v. State of Haryana[10], State of Bihar v. J.A.C.
Saldanha[11], State of West Bengal v. Swapan Kumar Guha[12], Smt. Nagawwa
v. Veeranna Shivalingappa Konjalgi[13], Madhavrao Jiwajirao Scindia v.
Sambhajirao Chandrojirao Angre[14], State of Bihar v. Murad Ali Khan[15]
and some other authorities that had dealt with the contours of exercise of
inherent powers of the High Court, thought it appropriate to mention
certain category of cases by way of illustration wherein the extraordinary
power under Article 226 of the Constitution or inherent power under Section
482 CrPC could be exercised either to prevent abuse of the process of any
court or otherwise to secure the ends of justice. The Court also observed
that it may not be possible to lay down any precise, clearly defined and
sufficiently channelized and inflexible guidelines or rigid formulae and to
give an exhaustive list of myriad cases wherein such power should be
exercised. The illustrations given by the Court need to be recapitulated:-
Amar Nath And Others vs State Of Haryana & Others on 29 July, 1977
In Bhajan Lal (supra) the two-Judge
Bench after referring to Hazari Lal Gupta v. Rameshwar Prasad[7], Jehan
Singh v. Delhi Administration[8], Amar Nath v. State of Haryana[9],
Kurukshetra University v. State of Haryana[10], State of Bihar v. J.A.C.
Saldanha[11], State of West Bengal v. Swapan Kumar Guha[12], Smt. Nagawwa
v. Veeranna Shivalingappa Konjalgi[13], Madhavrao Jiwajirao Scindia v.
Sambhajirao Chandrojirao Angre[14], State of Bihar v. Murad Ali Khan[15]
and some other authorities that had dealt with the contours of exercise of
inherent powers of the High Court, thought it appropriate to mention
certain category of cases by way of illustration wherein the extraordinary
power under Article 226 of the Constitution or inherent power under Section
482 CrPC could be exercised either to prevent abuse of the process of any
court or otherwise to secure the ends of justice. The Court also observed
that it may not be possible to lay down any precise, clearly defined and
sufficiently channelized and inflexible guidelines or rigid formulae and to
give an exhaustive list of myriad cases wherein such power should be
exercised. The illustrations given by the Court need to be recapitulated:-
Kurukshetra University And Anr. vs State Of Haryana And Anr. on 22 March, 1977
In this regard, it would be seemly to reproduce a passage from
Kurukshetra University (supra) wherein Chandrachud, J. (as His Lordship
then was) opined thus:-