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july 1999

Supreme Court of India · 1999-07-23

ARUN SHANKAR SHUKLA vs STATE OF U.P. .

Citation / case number
SC 1999/4424
Court
Supreme Court of India
Petitioner
ARUN SHANKAR SHUKLA
Respondent
STATE OF U.P. .
Author
M.B.SHAH K.T.THOMAS
Bench
M.B.SHAH K.T.THOMAS

Judgment text excerpt

The Supreme Court held that the High Court's exercise of inherent powers under Section 482 of the Criminal Procedure Code was inappropriate as it interfered with the statutory right of the accused to appeal against their conviction under Sections 302 and 307 read with Section 149 IPC. The Court emphasized that inherent powers should be used sparingly and not in cases where specific provisions of law exist. Consequently, the Supreme Court set aside the High Court's order, reinforcing the necessity of adhering to procedural law in criminal matters.

ARUN SHANKAR SHUKLA vs STATE OF U.P. . · Niyam