Supreme Court of India · 2009-03-23
Lal Kamlendra Pratap Singh vs State Of U.P.& Ors
- Citation / case number
- AIR 2009 SC (SUPP) 2178
- Court
- Supreme Court of India
- Petitioner
- Lal Kamlendra Pratap Singh
- Respondent
- State Of U.P.& Ors
- Bench
- V.S.Sirpurkar, Markandey Katju
Judgment text excerpt
The Supreme Court upheld the Allahabad High Court's refusal to quash the F.I.R. under Sections 467, 468, 471, 420, 409, and 218 IPC, emphasizing that the filing of a charge sheet and taking cognizance by the trial court precludes quashing. The Court reiterated the principles from Joginder Kumar v. State of U.P., stating that arrest is not mandatory for cognizable offences and interim bail may be granted pending the final bail application. The appeal was dismissed, but the appellant was allowed to apply for bail before the trial court, which must consider it on merits.