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.