RAM LAXMAN PATEL Vs. STATE OF U.P.

JUDGEMENT

(1.) THE applicants have moved this application under section 482 of the Code of Criminal Procedure 1973, (in short the Code) invoking inherent jurisdiction of this Court with a prayer that the bail application proposed to be moved by the applicant in the court below in Case Crime No. - - -344 of 2013 under Sections - -324, 325, 323, 352, 506, 308 I.P.C. Police Station - -Nawabganj, District - -Allahabad be ordered to be considered expeditiously, if possible on the same day.

(2.) HEARD learned counsel for the applicants and learned A.G.A.

(3.) IN the case in hand, the applicants said to have committed culpable homicide not amounting to murder. In S.E. Investment Ltd. Vs. Purnendu Shekharmal Jain and others in Criminal Appeal No. 1493 of 2012 the apex court held that High Court cannot give direction regarding the manner in which the bail application should be considered by lower court. In Savitri Goenka Vs. Kusum Lata Damani and others : (2007) 14 SCC 373, the apex court observed that the practice of converting application filed under Section 482 of the Code to one for bail in terms of Sections 438 and 439 of the Code is not proper. Otherwise also, the application is not with in the scope and ambit of inherent power of this Court under section 482 of the Code as laid down above. The inherent power should not be exercised to stifle a legal procedure.