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Criminal · Reportable judgment

Kanchan Kumari vs The State of Bihar & Anr.

Court
Supreme Court of India
Date
25 July 2022
Case No.
Criminal Appeal No. 1031 of 2022
Result
Allowed
Bench
K.M. Joseph, Hrishikesh Roy
Citation
[2022] 7 S.C.R. 138 : 2022 INSC 746
Supreme Court Reports [2022] 7 S.C.R. 138 : 2022 INSC 746
Headnote

Code of Criminal Procedure, 1973: s.438 – Anticipatory Bail granted to second respondent by High Court, however adverse directions passed against third party – In the instant case, second respondent filed an application u/s.438 before High Court seeking anticipatory bail for offences u/ss.406, 420, 467 and 468 IPC – High Court while allowing the said application, directed the authority to cancel the licence of agent granted to appellant and not to allow to work as agent in Bihar or anywhere else – Justification of such peremptory direction – Held: High Court went beyond what was needed for the disposal of the application u/s.438 – It passed peremptory direction against the third party – Such a peremptory direction, without even issuing any notice to the appellant was clearly unjustified – The adverse impact of the direction goes to the very livelihood of the appellant – Order of High Court modified by vacating the direction.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Order of the Court was passed: ORDER 1. Leave granted. 2. The second respondent filed an application under Section 438 of the Code of Criminal Procedure (Cr.P.C.) seeking anticipatory bail in connection with Pirbahore P.S. Case No. 174 of 2021 registered for offences under Sections 406, 420, 467 and 468 of the Indian Penal Code. By the impugned order, the High Court has found it fit to allow the said application under Section 438 Cr.P.C. The matter did not end there and it is this which has led to the present appeal. The following are the directions which has led the appellant
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