Court No. - 77
Case :- APPLICATION U/S 482 No. - 45995 of 2019 Applicant :- Amritlal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This application u/s 482 Cr.P.C. has been filed by Amritlal with prayer for quashing entire proceeding of Complaint Case No. 1812 of 2016, Alok Kumar Vs. Santos and others, u/s 379, 323, 504, 506 IPC, P.S. Nagar, District Basti, along with summoning order dated 19.6.2010 and N.B.W. dated 31.5.2019 passed by C.J.M., District Basti.
At the very out-set learned counsel appearing on behalf of the applicant argued that summoning order as well as bailable warrant were not served upon applicant and straight way N.B.W. was issued, whereas the applicant wants to appear and to get bail application moved, which may be decided on the same day.
Heard learned AGA and perused the record.
In view of the submission made by the learned counsel for the applicants, the application, so far as it relates to quashing of the summoning order and the entire proceeding of complaint, stands dismissed.
However, it is directed that if the applicant appears and surrenders before the court below within 30 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 Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today, 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.
Order Date :- 17.12.2019 Pcl