cannot and should not be granted in an application under Section 438 Cr.P.C., but some relief should be granted to the Police Officers ... this order, this relief cannot be granted in an application under Section 438 Cr.P.C.
16. It is painful to notice that despite pendency
2007
: Order
APPLICATIONS FOR GRANT OF BAIL UNDER SECTION 438 OF THE
CODE OF CRIMINAL PROCEDURE, 1973
O R D E R
(Passed ... cannot and should not be granted in an
application under Section 438 Cr.P.C., but some relief
should be granted to the Police Officers
question which arises for
consideration is whether the powers under section
438 Cr.P.C. are unguided or uncanalised or are
subject ... clearly observed that there is no justification for
reading into section 438 Cr.P.C. and the limitations
mentioned in section 437
applicants have filed this application under Section 438 of
the Code of Criminal Procedure, 1973 (for brevity "the Cr.P.C .") for
grant ... registration of offence under IPC , cannot
directly move application for grant of anticipatory
bail before this Court by invoking Section 438
JUDGMENT
P.K. Mohanty, J.
1. This is an application Under Section 438 , Cr.P.C. for grant of anticipatory bail.
2. It is contended ... invoking the power of this Court Under Section 438(1) of the Code of Criminal Procedure is over and hence, the petition is not maintainable
appellants after expiry of three weeks filed second
application under Section 438 CrPC which came to be considered by
the learned Additional Sessions ... allotted the roaster to deal with the application under Section 438
CrPC.
8. To appreciate the analysis made by the High Court
said
decision , the scope and ambit of Section 438 Cr.P.C. was
elaborately considered. The criterion to apply Section 438
... said decision . The
decision holds that the power under Section 438 Cr.P.C. is
to be applied only in extraordinary and compelling
circumstances
arrest, the petitioner approached this Court by filing an
application under Section 438 Cr.P.C. which was registered as BLAPL ... order passed by this Court on
9.2.2011 in an application under Section 438 Cr.P.C. Hence, the
action taken is illegal and arbitrary. Therefore
Venkatesh P. Dalwai, Spl. PP)
This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioner on bail ... Venkatesh P. Dalwai, Spl. PP)
This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioner on bail
This petition has been filed under Section 438 Cr.P.C. for
NEETU RANI
2016.02.15 10:41
I attest to the accuracy and
authenticity ... reading into
Section 438 CrPC the limitations mentioned in
Section 437 CrPC. The plentitude of Section
438 must be given
