The Court discussed the exercise of judicial discretion under Sections 482 and 379 of the Code of Criminal Procedure in a by-election dispute, noting that no police report is essential for exercise of such discretion when the applicant is already before the Court.
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Neutral Citation No. - 2024:AHC-LKO:7077
Court No. - 27
Case :- APPLICATION U/S 482 No. - 504 of 2024
Applicant :- Subhash Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Girijesh Sharan Srivastava,Dheeraj Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
"क्यप्रा आरकोपश्री कके वविरुद्ध आरके बढ़नके कके धलए ककोई पयप्ाप्त सप्रामगश्री उपलब्धि हवै र , धजसकके धलए आरकोपश्री पर मसुकदमप्रा चलप्रानके ककी आविश्यकतप्रा हवै यप्रा नहहीं"।
(Subhash Vidyarthi,J.)
Order Date :- 24.1.2024 Himanshu
Digitally signed by :- HIMANSHU SHUKLA High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the High Court can行使 judicial discretion to reject bail in a by-election matter where the accused is already before the Court at reasonable grounds of evidence.
Whether Section 482 CrPC requires a police report (S. 173 CrPC) to exercise judicial discretion in bail application in absence of evidence against applicant.
Whether the High Court can grant bail in a by-election dispute where the applicant is already before the Court at reasonable grounds of evidence.
2 provisions across 1 enactments
Subhash Gautam
State of U.P. Thru. Prin. Secy. Home Lko.
Subhash Vidyarthi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
