Supreme Court of India
Subrata Roy Sahara v. Pramod Kumar Saini & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that it is not open to the High Court in exercis e of powers under Section 438 Cr.P.C. to add third parties to the proceedings, as if it is invoking powers under Order 1 Rule 10 of Code of Civil Procedure much less those parties who are neither necessary nor proper parties to the application under consideration.
Judgment, page 4
From the headnote
Code of Criminal Procedure, 1973: s. 438 – Anticipatory bail – Application under – Scope of – Held: Is limited to the cause of the concerned applicant, applying for grant of anticipa tory bail in connection with offence already registered against him and apprehending his arrest in connection with such a case – Inquiry must be limited to the facts relevant and applicable to the con cerned applicant who has come before the Court – No attempt should be made to inquire into matters pertaining to some thir d party much less beyond the scope of the complaint/FIR – High ourt should exercise
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