Single-judge High Court refused to quash criminal proceedings under Section 482 Cr.P.C. due to factual disputes but directed surrender within 45 days for bail consideration and stayed coercive measures.
Refusal to quash proceedings; direction to surrender within 45 days for bail; stay on coercive measures.
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Court No. - 76
Case :- APPLICATION U/S 482 No. - 41307 of 2019
Applicant :- Deepak Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Bhushan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
of the case, it is directed that in case the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Order Date :- 10.12.2019 JK Yadav
2 issues framed by the court
Whether the quashing of criminal proceedings under Section 482 Cr.P.C. is permissible given that factual disputes exist.
Whether the applicant can be granted a direction to appear and surrender within a specified period to facilitate bail consideration.
Colour shows how this judgement treated each authority
R.P. Kapur Vs. State of PunjabExplained¶9
R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866 · Who else cites this
State of Haryana Vs. Bhajan LalExplained¶9
State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426 · Who else cites this
State of Bihar Vs. P.P.PathakExplained¶9
State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 · Who else cites this
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful HaqExplained¶9
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 · Who else cites this
Amrawati and another Vs. State of U.P.Explained¶12
Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Explained¶12
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
1 provisions across 1 enactments
Deepak Yadav
State of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
