SUBRATA ROY SAHARA versus PRAMOD KUMAR SAINI & ORS.

SUBRATA ROY SAHARA versus PRAMOD KUMAR SAINI & ORS.

The High Court exceeded its jurisdiction under Section 438 Cr.P.C. by inquiring into matters unrelated to the applicant and adding third parties to the proceedings; therefore the impugned judgment and order were set aside and observations unrelated to the applicant were ordered to be effaced from the record.

Parties
Appellant: Subrata Roy Sahara; Respondents: Pramod Kumar Saini & Ors.
Jurisdiction
India
Judgment Date
14 July 2022
Procedural Posture
Criminal Appeal / Disposed by Supreme Court
Outcome
Impugned judgment and order set aside; appeals disposed of
Legal Topics
Anticipatory Bail, Section 438 Cr.p.c., Scope of Inquiry, Third Parties
Criminal Procedure Criminal Law Anticipatory Bail Section 438 Cr.p.c. Scope of Inquiry Third Parties

Case Brief

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Parties

Subrata Roy Sahara

Appellant

Pramod Kumar Saini & Ors.

Respondents

Procedural Posture

Criminal Appeal / Disposed by Supreme Court

Legal Issues

  1. 1 Whether a High Court entertaining an application under Section 438 Cr.P.C. can inquire into matters unrelated to the applicant before it
  2. 2 Whether the High Court can add third parties to proceedings under Section 438 Cr.P.C.
  3. 3 Whether observations made by the High Court in respect of matters unrelated to the applicant can be relied upon in other proceedings

Ratio Decidendi

The High Court exceeded its jurisdiction under Section 438 Cr.P.C. by inquiring into matters unrelated to the applicant and adding third parties to the proceedings; therefore the impugned judgment and order were set aside and observations unrelated to the applicant were ordered to be effaced from the record.

Court Disposition

Impugned judgment and order set aside; appeals disposed of

Orders

  • Impugned judgment and order dated 11.02.2022 and 27.04.2022 set aside
  • All observations or notings made by the High Court in respect of matters unrelated to the applicant effaced from the record and cannot be relied upon in other proceedings