Supreme Court of India · 1976-04-02
STATE OF U.P. vs POOSU AND ANOTHER
- Citation / case number
- SC 1975/60479
- Court
- Supreme Court of India
- Petitioner
- STATE OF U.P.
- Respondent
- POOSU AND ANOTHER
- Bench
- RAY, A.N. (CJ),BEG, M. HAMEEDULLAH,SARKARIA, RANJIT SINGH,SHINGAL, P.N.,SINGH, JASWANT
Judgment text excerpt
The Supreme Court held that it has the power to issue a non-bailable warrant for the arrest of an accused who has been acquitted by the High Court when granting special leave to appeal under Article 136 of the Constitution. The Court clarified that this power is derived from Article 142, which allows it to exercise the same powers as the High Court under the Code of Criminal Procedure. The Court rejected the argument that such an order would violate Articles 14, 19, and 21, affirming that the acquittal remains in force during the appeal process.