Disposed

Deepak@Deep Narayan v. State of Up and Another

Allahabad HC26 Apr 2018A482/13589/2018

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What is this about?

Application under Section 482 Cr.P.C. for quashing criminal proceedings was disposed of as withdrawn. Directions were issued for the applicant to file a bail application within four weeks, to be decided by the lower court in accordance with specific precedents. The court clarified it did not consider the application on merit.

What did the court decide?

Application disposed of as withdrawn with liberty to file bail application within four weeks.

Deepak@Deep Narayan Vs State of Up… — Constitutional and Fundamental Rights | Allahabad HC (2018)

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Court No. - 10

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Case :- APPLICATION U/S 482 No. - 13589 of 2018

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Applicant :- Deepak@Deep Narayan Opposite Party :- State Of Up And Another Counsel for Applicant :- Virendra Singh Patel Counsel for Opposite Party :- G.A.

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Hon'ble Suneet Kumar,J.

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Heard learned counsel for the applicant and learned A.G.A.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding along with the charge sheet dated 13.10.2017, in special Case No. 227 of 2018 (State of U.P. Versus Deepak), arising out of Case Crime No. 89 of 2017, under Section 354 I.P.C. and 7/8 Protection of Children from Sexual Offences, Act, P.S. Todi Fatehpur, Jhansi and the cognizance order dated 12.12.2017 along with the summoning order dated 17.02.2018, pending in the court of Additional Session Judge/F.T.C.-I, Jhansi.

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After advancing argument at length, learned counsel for the applicant would submit that applicant would be satisfied in case a direction is issued to the court below to consider the bail application of the applicant in terms of the decisions rendered in Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 as well as Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) .

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Learned A.G.A. would submit that the directions issued by this Court and the Hon'ble Supreme Court is binding upon the court below. A Division Bench of this Court in Brahm Singh & others vs. State of U.P. & others, 2016 (7) ADJ 151 , has already issued direction to all the Sessions Judges of the State of Uttar pradesh, which is being followed. It is, therefore, urged that no fresh direction is required to be given.

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This fact is not being disputed by the learned counsel for the applicant.

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In regard thereto, application is disposed of as withdrawn with liberty to the applicant to file an appropriate application for bail before the court below within four weeks from date in terms of the decisions rendered in Amrawati (supra) as well as Lal Kamlendra Pratap Singh (supra).

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In the event, such an application is filed, it is expected that the court below shall decide/dispose of the application in terms of Amrawati (supra), Lal Kamlendra Pratap Singh (supra) and Brahm Singh (supra) , strictly in accordance with law.

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It is clarified that the Court has not considered the contention of the learned counsel for the applicant on merit.

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Order Date :- 26.4.2018 K.K. Maurya

Deepak@Deep Narayan v. State of Up and Another

Case brief

What is this about?

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Deepak@Deep Narayan v. State of Up and Another

Case brief

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