Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

MCRC, 43165 of 2018, Judgment Date: Nov 26, 2018

Law laid down -

  1. In terms of Section 170(1) of CrPC, the investigating agency is mandated to produce an accused into custody for the non-bailable offence. The argument that the Court should have issued summons in respect of such offence, cannot be accepted.
  2. Inherent power of judicial review under Section 482 of CrPC presupposes that the Court is required to see whether the trial Court has abused the process of law or it is necessary to annul the proceedings for securing the ends of justice. The inherent powers ought to be exercised with due care, caution and circumspection and in the rarest of rare cases. Thus, inherent powers being discretionary in nature, cannot be exercised by overlooking conduct of an individual.

Suresh Singh Bhadoria Versus Central Bureau of Investigtion