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Supreme Court of India

KANCHAN KUMARI vs THE STATE OF BIHAR on 25 July, 2022

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2022 INSC 746ReportableCrl.A. No.-001031-001031 - 2022Official PDFAuthor Kuttiyil Mathew JosephBench Kuttiyil Mathew Joseph, Hrishikesh RoyAdvocates SOMESH CHANDRA JHA
REPORTABLE
‘’
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
KANCHAN KUMARI Appellant (s)
VERSUS
THE STATE OF BIHAR & ANR. Respondent(s)
O R D E R

Leave granted.

The second respondent filed an application under

Section 438 of the Code of Criminal Procedure (Cr.P.C.)

seeking anticipatory bail in connection with Pirbahore P.S.

Case No. 174 of 2021 registered for offences under Sections

406, 420, 467 and 468 of the Indian Penal Code. By the

impugned order, the High Court has found it fit to allow the

said application under Section 438 Cr.P.C. The matter did

not end there and it is this which has led to the present

appeal. The following are the directions which has led the

appellant to approach this Court with a petition under

Article 136 of the Constitution of India:

the Post Office, she should not be allowed to work as

agent in Bihar or anywhere else.”

We have heard the learned counsel for the appellant

and the learned counsel for the respondent-State.

Learned counsel for the appellant would contend that

the High Court has clearly erred in passing the said

direction, which alone is the subject matter of the

challenge before this Court. By virtue of the said

direction, the appellant, who was not a party before the

High Court, has been gravely prejudiced is the case of the

appellant. The High Court did not issue any show cause

before the said directions were issued. It is her case that

her livelihood has been adversely affected. It amounts to

blacklisting the appellant for her lifetime and that too,

without issuing any show cause. The appellant would impugn

the competence of the Court to pass such adverse orders

wherein the appellant is not even a party and without

issuing any notice and when the matter arose from an

application under Section 438 Cr.P.C. seeking anticipatory

bail by a person.

The appellant draws our attention to the view of this

Court in the decision reported in Sumit Mehta v. State of

N.C.T. of Delhi (2013) 15 SCC 570. In other words, the case

appears to be that the conditions must be appropriate,

apposite, reasonable and relevant to the scope of the lis

before the Court. The lis before the Court revolved around

the question as to whether the applicant had made out a case

for grant of anticipatory bail to him.

Learned counsel for the respondent-State very fairly

pointed out that as far as the legal position is concerned,

the Court dealing with the application under Section 438

Cr.P.C. must confine itself to the issue before it viz., as

to whether the applicant has made out a case for grant of

anticipatory bail or not.

We are convinced that the High Court has gone beyond

what was needed for the disposal of the application under

Section 438 Cr.P.C. What is impugned before us is not a

mere observation. It is a peremptory direction affecting a

third party. The adverse impact of the direction goes to

the very livelihood of the appellant. It has also civil

consequences for the appellant. Such a peremptory direction

and that too, without even issuing any notice to the

appellant was clearly unjustified. We are, therefore, of

the view that the appellant must succeed. The appeal is

allowed to the extent that the impugned order shall stand

modified by vacating the direction which we have extracted

hereinabove. The appeal is allowed as above.

[ HRISHIKESH ROY ] New Delhi; July 25, 2022.

Petition(s) for Special Leave to Appeal (Crl.) No. 6436/2022

(Arising out of impugned final judgment and order dated 27-04-2022 in CRLM No. 55125/2021 passed by the High Court of Judicature at Patna)

KANCHAN KUMARI Petitioner(s)

THE STATE OF BIHAR & ANR. Respondent(s)

Date : 25-07-2022 This matter was called on for hearing today.

CORAM :

For Petitioner(s)

Mr. Somesh Chandra Jha, AOR

Mr. Parvez Alam, Adv.

For Respondent(s)

Mr. Manish Kumar, AOR

Mr. Harsh Choudhary, Adv.

UPON hearing the counsel the Court made the following

Leave granted.

The appeal is allowed in terms of the reportable

signed order.

Pending application stands disposed of.

[Reportable signed order is placed on the file.]