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Remand and Section 461 Criminal Procedure Code - A Study

By S. Manohar Prasad Mathur

Published In

Cri LJ 1995

The uniqueness of the Criminal Procedure Code is that it has, not bestowed any 'Inherent Powers' to lower judiclary, thereby depriving the Magistrates and the Session Judges of any power to use their discretion either judiciously or arbitrarily for it remains the exclusive domain of the High Court vested under Section 482, Cr.P.C. 1974 (561-A of the old Code) This depriving of any inherent powers to the Magistrates and Session Judges, unlike Section 151 Civil Procedure Code which empowers a Civil Judge to seek remedy and to extend justice taking refuge under this provision of law; has been an interesting topic for the jurists and the seers of law and that of academicians. The Supreme Court on the other hand has been continuously cautioning the lower judiciary about the inherent restrains in powers of the Lower Courts and even to those who have unlimited inherent powers not to enter into the forbidden pastures, for even Supreme Court as the Apex Court otherwise also having powers con ....

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