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KM. SONI versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Km. Soni v. State Of U.P. & Another - APPLICATION U/s 482 No. 16641 of 2005 [2005] RD-AH 6717 (1 December 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

Heard Sri Amit Daga, learned counsel for the accused applicant,   learned A.G.A. and perused the record.

Application for correction of the order dated 17.11.2005 passed by this bench has been filed. This order has been passed in Criminal Misc Application No. 16641 of 2005 whereby the application was finally decided with the direction to the learned Magistrate that if the applicant surrenders in the Court and prays for bail, the same be heard and decided same day if possible and with further direction that if the bail application is not decided the same day, the applicant be released on personal bond. Now the contention has been made to add a direction that the applicant be released on personal bond in case the bail is rejected by the learned Magistrate. The contention of the learned counsel for the accused applicant is that this part of the order could not be transcribed in the order dated 17.11.2005; but this contention is not correct as no such order was dictated. Moreover no such direction can be issued as it will be in violation of the provisions of Chapter XXXIII Cr.P.C. which deals with the bail  to the accused persons. The powers have been conferred  on the Magistrate  under the code and no power can be conferred under Section 482 Cr.P.C. by the order of the Court. When Magistrate decides the bail application, he is seized of the matter and cannot direct the accused to be released on personal bond. No such authorization /direction can be given to the Magistrate as it would be transgressing the limits of Section 482 Cr.P.C. thereby amounting to the misuse of the process of the Court.

In the circumstances, there is no force in this correction application and the same is liable to be dismissed and is hereby dismissed.

Dated: 1.12.2005

RKS/16641/05


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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