Court No. - 53
Case :- APPLICATION U/S 482 No. - 28959 of 2018 Applicant :- Amit Chauhan Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ashutosh Pratap Singh,Lokendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This is an application under Section 482 Cr.P.C. seeking to quash the order dated 04.08.2018 passed by the Civil Judge (Jr. Div.)/ Judicial Magistrate, Etah, by which non-bailable warrant has been issued against the applicant in Case no.2701 of 2016, State vs. Satish Chandra and others (arising out of Case Crime no.854 of 2002), under Sections 420, 406, 409 IPC, Police Station Kotwali Nagar, District Etah.
Learned counsel for the applicant states that the applicant was on bail but could not reach the court on 15.03.2017 and in consequence non-bailable warrants have been issued. It is submitted that the lapse has occurred on account of factors beyond the applicant's control and he is a law abiding citizen who wishes to submit to the process of law, surrender and seek bail afresh.
Prayer for quashing the order issuing N.B.W. is refused.
Considering the aforesaid facts and circumstances, particular, the fact that the applicant was on bail, it is directed that if the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till the applicant surrenders whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 21.8.2018 Anoop