Suresh Singh Bhadoria Versus Central Bureau of Investigtion
PREVENTION OF CORRUPTION ACT, 1988
CODE OF CRIMINAL PROCEDURE, 1973 (CrPC)
Section 482 - Saving of inherent powers of High Court
Section 173 - Report of police officer on completion of investigation
Section 438 - Direction for grant of bail to person apprehending arrest
Section 170 - Cases to be sent to Magistrate, when evidence is sufficient
Section 420 - Cheating and dishonestly inducing delivery of property
Section 120 B - Punishment of criminal conspiracy
Section 467 - Forgery of valuable security, will, etc
Section 471 - Using as genuine a forged document
Section 419 - Punishment for cheating by personation
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)
MCRC, 43165 of 2018, Judgment Date: Nov 26, 2018
Law laid down -
- In terms of Section 170(1) of CrPC, the investigating agency is mandated to produce an accused into custody for the non-bailable offence. The argument that the Court should have issued summons in respect of such offence, cannot be accepted.
- Inherent power of judicial review under Section 482 of CrPC presupposes that the Court is required to see whether the trial Court has abused the process of law or it is necessary to annul the proceedings for securing the ends of justice. The inherent powers ought to be exercised with due care, caution and circumspection and in the rarest of rare cases. Thus, inherent powers being discretionary in nature, cannot be exercised by overlooking conduct of an individual.
Suresh Singh Bhadoria Versus Central Bureau of Investigtion