Criminal Procedure Code, 1973 — Section 482 — Deposition of sum with Agency to avoid arrest — Exercise of inherent power to direct refund of, Legality of — Cases against husband of respondent No. 1 and other brothers on identical allegations — Acquittal of brothers but husband of Ist respondent expired before the conclusion of the trial and, therefore, the trial stood abated against him — On application of respondent no. 1, High Court directed appellant to refund the money, observing that other brothers had deposited the amount under same circumstances and, after their acquittal the amount was directed to be refunded, as money was deposited as a condition of bail — Appeal — Held, High Court had given emphasis on judgment of acquittal and the deposit of money with the appellant to avoid arrest — As far as the judgment of acquittal because of abatement is concerned, it is not necessary to dwell upon what would be the effect of an acquittal in a case of this nature —
Money was deposited by the husband of the Ist respondent on his own volition with the appellant — Deposition of any sum as a condition of bail and a deposit with the Agency on one’s own even if to avoid arrest would stand on a different footing — The later action has nothing to do with the proceedings in the court — Thus Section 482 of the Code could not have been exercised as the action taken by the appellant, a channelising industry under the Ministry of Commerce is absolutely an administrative action and, therefore, same can only be challenged by way of a writ petition and not by seeking relief invoking the inherent power under Section 482 of the Code — Consequently, appeal allowed — Constitution of India — Article 226 — Deposition of sum with Agency to avoid arrest — Remedy for refund of.
(Para 18, 20 & 21)
Engineering Export Promotion Council v. Usha Anand[Bench Strength 2], Criminal Appeal No. 387/2007(29/05/2013), 2013(4) Supreme 257: 2013(7) SCALE 528 [B.S. Chauhan, J.: Dipak Misra, J.]
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