Supreme Court of India · 2009-03-23
LAL KAMLENDRA PRATAP SINGH vs STATE OF U.P..
- Citation / case number
- SC 2007/33010
- Court
- Supreme Court of India
- Petitioner
- LAL KAMLENDRA PRATAP SINGH
- Respondent
- STATE OF U.P..
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 negates the need for quashing. The Court reiterated the principles from Joginder Kumar v. State of U.P. regarding the non-mandatory nature of arrest in cognizable offences and directed that interim bail may be granted in appropriate cases pending final disposal of bail applications, especially in the absence of anticipatory bail provisions in U.P. The appeal was dismissed but allowed the appellant to apply for bail before the trial court.