Can Magistrate Exercise Power U/s 451/457 CrPC Pending Investigation? Answers HC

The Meghalaya High Court has ruled that a Magistrate cannot exercise his powers under Sections 451/457 of the Cr.P.C. prior to the start of the prosecution. The Single-Judge Bench of Justice W. Diengdoh observed that when a trial or inquiry has not been initiated, a Magistrate cannot intervene by issuing an order for custody or

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