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1 - 10 of 12 (0.27 seconds)State Of Bihar Etc. Etc vs P.P. Sharma, Ias And Anr on 2 April, 1991
426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.)
M/S Zandu Pharmaceutical Works Ltd.& ... vs Md Sharaful Haque & Anr on 1 November, 2004
192 and
lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and
another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused
cannot be considered at this stage. Moreover, the applicants has got a right of
discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a
proper application for the said purpose and they are free to take all the
submissions in the said discharge application before the trial Court.
The prayer for quashing the proceedings, is hereby refused.
Amarawati And Anr. (Smt.) vs State Of U.P. on 15 October, 2004
However, it is provided that if the applicants appear before the Court below
within a period of 30 days from today and apply for bail, then their prayer for
bail shall be considered in view of the settled law laid down by this Court in
the case of Amarawati and another Vs. State of U.P., reported in 2004(57)
ALR-290 and in the recent decision of the Supreme Court dated 23.3.2009 in
Criminal Appeal No. 538 of 2009, Lal Kamlendra Pratap Singh v. State of
U.P.. For a period of 30 days from today or till disposal of the bail application
whichever is earlier, coercive action shall not be taken against the applicant.
However, in case, the applicants do not appear before the Court below within
the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is disposed of.
Order Date :- 6.1.2010
Hasnain
Section 239 in The Indian Penal Code, 1860 [Entire Act]
Section 427 in The Indian Penal Code, 1860 [Entire Act]
R. P. Kapur vs The State Of Punjab on 25 March, 1960
The contention of the learned counsel for the applicant is that no offence
against the applicant is disclosed and the present prosecution has been
instituted with malafide intentions for the purposes of harassment. He pointed
out certain documents and statements in support of his contentions.
From the perusal of the material on record and looking into the facts of the
case at this stage it cannot be said that no offence is made out against the
applicants. All the submission made at the bar relates to the disputed
questions of fact, which cannot be adjudicated upon by this Court under
Section 482 Cr. P.C. At this stage only a prima facie case is to be seen in the
light of the law laid down by the Supreme Court in cases of R.P. Kapur Vs.
State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992
SCC (Cr.)