• In a case where High Court entertained ‘Criminal Miscellaneous Application’ in a disposed of ‘Criminal Writ Petition’, on an appeal filed Hon’ble Supreme Court in the case of “Nazma vs. Javed @ Anjum”, [Criminal Appeal No. 1693 of 2012 arising out of SLP (Crl.) No. 2575 of 2010, Decided on 19-10-2012], observed/held as under:

    We notice that the High Courts are entertaining writ petitions under Articles 226 and 227 of the Constitution, so also under Section 482 Cr.PC and passing and interfering with various orders granting or rejecting request for bail, which is the function of ordinary Criminal Court. The jurisdiction vested on the High Court under Articles 226 and 227 of the Constitution as well as Section 482 Cr.PC are all exceptional in nature and to be used in most exceptional cases. The jurisdiction under Section 439 Cr.PC is also discretionary and it is required to be exercised with great care and caution. [Para 12]

    “We are of the view that the High Court has committed a grave error in not only entertaining the criminal miscellaneous application in a disposed of writ petition, but also passing an order not to arrest the 1st respondent till the conclusion of the trial. Grant of bail or not to grant, is within the powers of the regular Criminal Court and the High Court, in its inherent jurisdiction, not justified in usurping their powers. Once the criminal writ petition has been disposed of, the High Court becomes functus officio and cannot entertain review petitions or miscellaneous applications except for carrying out typographical or clerical errors. In the instant case, the High Court has entertained a petition in a disposed of criminal writ petition and granted reliefs, which is impermissible in law.” [Para 13]