Brijendra Singh v. State of U.P and Another
Case brief
What is this about?
Single judge allowed an application under s. 482 CrPC, setting aside a prior order. Relying on Supreme Court precedents linking right to life and health, the court held that s. 482 inapplicability is not absolute when fundamental rights are involved. The appeal was remanded to a higher court for reconsideration.
What did the court decide?
The impugned order was set aside and the matter was remanded to a High Court for appropriate consideration.