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HC Can’t Restrain Police From Arresting Accused, While Declining To Quash

Order not to arrest while declining to quash the case, inconceivable.

The Supreme Court in State of Telangana vs. Habib Abdullah Jeelani & Ors. has held that a high court, while refusing to exercise inherent powers under Section 482 of the Code of Criminal Procedure to interfere in an application for quashment of the investigation, cannot restrain the investigating agencies from arresting the accused during the course of investigation.

Setting aside such a high court order, terming it “absolutely inconceivable and unthinkable”, the bench headed by Justice Dipak Misra observed that it has come to the notice of the court that high courts, while dismissing an application under Section 482 CrPC, issue directions that on surrendering before the trial judge/magistrate concerned, the accused shall be enlarged on on bail. Such directions do not come within the sweep of Article 226 of the Constitution of India nor Section 482 CrPC nor Section 438 CrPC and are not acceptable, the bench held.

Article referred: http://www.livelaw.in/breaking-hc-cant-restrain-police-arresting-accused-declining-quash-case-sc/

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