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JUDGMENT
K. S. RADHAKRISHNAN, J.
1. Leave granted.
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6. Since the appellant did not get any reply to the said
by filing Writ Petition Misc. Bench No. 171 of 2012 which was
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the offence under Sections 419/420 IPC were not prima facie
pointed out that the High Court has not properly appreciated
the scope of Sections 41(1)(b) and 41A CrPC, 1973 and that
also pointed out that the President has also withheld the
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and hence the High Court rightly declined the stay sought for
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11. Shri Luthra also submitted that since the appellant has
of India and the case in hand does not fall in that category.
12. I may indicate that the legal issues raised in this case
are no more res integra. All the same, it calls for a relook
of the judgment.
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Constitution of India.
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15. The High Court of Allahabad has also taken the same
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1919).
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follows:
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follows:
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19. I notice in this case FIR was lodged for offences, under
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Constitution of India.
view that in spite of the fact that Section 438 has been
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The said order will continue till the completion of the trial.
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……………………………..J.
(K. S. Radhakrishnan)
New Delhi,
January 16, 2014.
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[REPORTABLE]
Vs.
JUDGMENT
A.K.SIKRI,J.
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reads as under:
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pointed out that once the Writ Petition claiming main relief for
is the primary motive for filing such petitions. It is for this reason
that invariably after the lodging of FIR, Writ Petition under Article
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are limited, once the Writ Petition challenging the validity of FIR
Article 226 of the Constitution of India where the main relief itself
persons would not be entitled to claim such a relief under Art. 226
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Court is not bereft of its powers to grant this relief under Art. 226
of the Constitution.
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away for the police their right to investigate into charges made or
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made are quite obvious. One of the purposes of the arrest is that
Another purpose is that the trial should not be jeopardized and for
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9. It was also held in that judgment that the High Courts under
Art.226 had the right to entertain writ petitions for quashing of FIR
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judgment:
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triable under the Act or offence jointly triable with the offences
very wide powers under Art.226, the very vastness of the powers
226 are a devise to advance justice and not to frustrate it. The
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pending trial, the High Court would be free to grant the relief in
……………………….J.
(A.K. SIKRI)
New Delhi,
16th January 2014
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