Court No. - 79
Case :- APPLICATION U/S 482 No. - 19740 of 2020 Applicant :- Anurag Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Matiur Rehman Khan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 23.05.2018 as well as the proceedings of complaint case no. 145 of 2019, under Section 138, N.I. Act, P.S. Robertsganj District Sonbhadra pending in the court of CJM, Sonbhadra.
At the very out-set learned counsel appearing on behalf of the applicant submits that he does not want to press the principal prayers seeking quashing of the proceedings as well as summoning order as have been made in the application nor is inclined to press the prayer seeking stay of the proceedings. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicant is that the hearing of the bail application may be done expeditiously.
In view of the submission made by the learned counsel for the applicant, the prayer, so far as it relates to seeking quashing of the proceedings as well as summoning order, stands refused.
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 or till the appearance of the applicant before the court concerned, whichever is earlier no coercive action shall be taken against the him. 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 observations, this application is finally disposed off.
It is made clear that no application seeking extension of time shall be entertained if this order is not complied within the aforesaid period.
Order Date :- 5.1.2021 Ashish