Court No. - 44
Case :- APPLICATION U/S 482 No. - 45381 of 2018 Applicant :- Anil Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel the applicant and learned A. G. A.
The present application under Section 482 Cr. P. C. has been filed for quashing the impugned order dated 16.03.2018 passed by III- Additional Chief Judicial Magistrate, Mathura in Criminal case no. 1339 of 2009 arising out of Case Crime No. 310 of 2009, under sections 279, 338, 427 and 304-A IPC, P.S. Refinery, District Mathura whereby non-bailable warrant has been issued against the applicant for ensuring his presence in the aforesaid case after he failed to respond to the summons and bailable warrants issued against him in this case.
It is contended that the applicant is ready to appear before the Court and participate in the proceedings of the case.
However, it is provided that if the applicant appears and surrenders before the court below within 45 days from today and apply for bail, his prayer for bail shall be considered in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 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 45 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.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 20.12.2018 shailesh