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january 2017

Supreme Court of India · 2017-01-06

THE STATE OF TELANGANA vs HABIB ABDULLAH JEELANI .

Citation / case number
SC 2015/18721
Court
Supreme Court of India
Petitioner
THE STATE OF TELANGANA
Respondent
HABIB ABDULLAH JEELANI .
Author
Dipak Misra
Bench
AMITAVA ROY DIPAK MISRA

Judgment text excerpt

The Supreme Court addressed the issue of whether the High Court can restrain the police from arresting accused persons during an investigation while refusing to quash the FIR under Section 482 of the Code of Criminal Procedure (CrPC). The Court held that such an order is not within the scope of inherent powers under Section 482 CrPC, as it effectively grants a privilege akin to anticipatory bail, which is not permissible. Consequently, the Court set aside the High Court's order that directed the police not to arrest the accused during the investigation.

THE STATE OF TELANGANA vs HABIB ABDULLAH JEELANI . · Niyam