LAWS(GAU)-2021-3-180

TULUMONI DUARAH Vs. STATE OF ASSAM

Decided On March 26, 2021
Tulumoni Duarah Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) The Hon'ble Supreme Court in the celebrated case of State of Haryana and Ors. Vs. Bhajan Lal and Ors., reported in 1992 Supp (1) SCC 335, after discussing various interpretation of the relevant provisions of the Code of Criminal Procedure, 1973 (Cr.P.C) under Chapter-XIV and the principles of law laid down in a catena of decisions qua the exercise of the inherent powers under Section 482 of the Cr.P.C as well as Article 226 of the Constitution of India had laid down certain categories of cases by way of illustrations with a caveat that it may not be possible to lay down any precise, clearly defined and sufficiently channelized and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such powers should be exercised. The said illustrations are extracted hereinbelow:

(2.) What is to be noted that immediately after the said paragraph, the Hon'ble Supreme Court had also put a note of caution regarding sparring exercise of such powers in the following manner:

(3.) In the backdrop of the aforesaid guidelines which have also been reiterated in a number of subsequent decisions, the facts of the case as well as the issue which require consideration from this Court are narrated below.