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2015 DIGILAW 1800 (ALL)

Moradhwaj @ Moradhan v. State of U. P.

2015-07-08

NAHEED ARA MOONIS

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JUDGMENT Naheed Ara Moonis, J. Heard learned counsel for the applicant and the learned AGA and have taken through the record. 2. By means of the present application under Section 482 Cr.P.C. the applicant has invoked inherent jurisdiction of this Court with a prayer to direct court below in Case Crime No.223 of 2015, under Sections 147, 148, 49, 307, 504 IPC, P.S. Iglas, District Aligarh his prayer for bail in the aforesaid case may be considered on the same day. 3. It is submitted by the learned counsel for the applicant that the investigation is going on. The applicant is now ready to appear before the court concerned, therefore, some protection may be granted. 4. Per contra learned AGA contended that the prayer for direction to the court below for the same day does not come within the purview of inherent power of this Court under section 482 Cr.P.C. The case is also not pending before any court of law. The applicant apprehending his arrest for which there is alternative remedy under Article 226 of the Constitution of India, hence the application under section 482 Cr.P.C. may be dismissed. 5. From the perusal of the materials on record and looking into the facts and the arguments advanced in the present case, it cannot be said that no offence is made out against the applicant. The inherent powers should not be exercised to stifle the legal procedure as prescribed under the Code relating to bail. 6. Having considered rival submissions advanced by the learned counsel for the parties and considering the facts and the circumstances of the case, the court below is expected to proceed in accordance with law following the principle of law enunciated in the decision of Criminal Misc. Application No. 21679 of 2014 (Munawwar & nine others Vs. State of U.P.). The application is accordingly dismissed.