2010 (10) TMI 1237

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....f the High Court of Gujarat dated 17.12.2003 passed in Criminal Appeal No. 812 of 1995. 3. The facts have been set out in the impugned judgment and order and hence we are not repeating the same here. 4. Having carefully perused the impugned judgment and order of the High Court, we are of the opinion that there is no infirmity in the same. The High Court has dealt with the matter in great detail ....

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....cles 72 or 161 of the Constitution of India. We make it clear that the power of the President of India under Article 72 or of the Governor under Article 161, being a constitutional power cannot be under the restriction imposed by Section 433A Cr.P.C. Section 433A Cr.P.C. can restrict the power under Section 432 Cr.P.C. or Section 433 Cr.P.C. but it cannot. restrict the constitutional powers under ....