Supreme Court · 2017 INSC 32 · Decided 6 January 2017
The State of Telangana v. Habib Abdullah Jeelani & ORS.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 32 · [2017] 1 S.C.R. 141
- Case number
- CRIMINAL APPEAL No. 1144/2016
- Decided
- 6 January 2017
- Bench
- DIPAK MISRA, AMITAVA ROY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 438, 482; Constitution Article 226
Headnote
Code of Criminal Procedure,· 197 3 - s. 482 - Inherent power of High Court - Interference in investigation - Scope of - High Court refused to quash the FIR and consequential investigation, but passed an order that if the accused person surrenders before the trial magistrate he shall be FIR and investigation, Court cannot extend the privilege to.accused person which is in nature of an anticipatory bail - High Court's direction amou/lfed to an order uls.438 CrPC, albeit ll'ithout satisfaction of the conditions of.the said provision - This is legally unsustainable - Constitution
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