NAZMA versus JAVED @ ANJUM

NAZMA versus JAVED @ ANJUM

The High Court acted without jurisdiction and in error by entertaining and allowing a criminal miscellaneous application in a disposed of writ petition, thereby granting relief (stay on arrest) that it had no power to grant after becoming functus officio. The power to grant or deny bail rests with the regular criminal courts, and the inherent extraordinary powers of the High Court are not to be invoked as a substitute for ordinary criminal procedure or to usurp lower courts' functions.

Parties
Appellant: Nazma; Respondent: Javed @ Anjum
Jurisdiction
India
Judgment Date
19 October 2012
Procedural Posture
Criminal Appeal / On Appeal From Order in Disposed Criminal Miscellaneous Writ Petition
Outcome
Appeal allowed; impugned order set aside with costs.
Legal Topics
Power of High Courts After Disposal of Writ Petition, Functus Officio Doctrine, Jurisdiction of High Courts Under Articles 226, 227, And Section 482 Cr PC, Discretion in Granting/rejecting Bail, Interference With Criminal Proceedings
Criminal Law Practice and Procedure Power of High Courts After Disposal of Writ Petition Functus Officio Doctrine Jurisdiction of High Courts Under Articles 226, 227, and Section 482 Cr PC Discretion in Granting/rejecting Bail Interference With Criminal Proceedings

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Parties

Nazma

Appellant

Javed @ Anjum

Respondent

Procedural Posture

Criminal Appeal / On Appeal From Order in Disposed Criminal Miscellaneous Writ Petition

Legal Issues

  1. 1 Whether the High Court erred in entertaining a miscellaneous application in a disposed of criminal writ petition
  2. 2 Whether the High Court could lawfully extend a stay of arrest until conclusion of trial after disposal of the writ petition
  3. 3 Appropriateness of High Court's exercise of inherent powers under Articles 226, 227 Constitution and Section 482 CrPC

Ratio Decidendi

The High Court acted without jurisdiction and in error by entertaining and allowing a criminal miscellaneous application in a disposed of writ petition, thereby granting relief (stay on arrest) that it had no power to grant after becoming functus officio. The power to grant or deny bail rests with the regular criminal courts, and the inherent extraordinary powers of the High Court are not to be invoked as a substitute for ordinary criminal procedure or to usurp lower courts' functions.

Court Disposition

Appeal allowed; impugned order set aside with costs.

Orders

  • The impugned order of the High Court is set aside.
  • Costs of Rs.25,000/- to be paid by 1st respondent to the appellant within two months.