Court No. - 53
Case :- APPLICATION U/S 482 No. - 33567 of 2018 Applicant :- Anurag Mishra Alias Raju Mishra Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shailesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Shailesh Kumar, learned counsel for the applicant, Sri Om Narayan Pandey, learned counsel appearing for opposite party no.2 and the learned A.G.A. for the State.
This application has been filed with a prayer to quash the N.B.W. dated 21.8.2018 passed by Additional Civil Judge (S.D.) Shahjahanpur in case No. 465 of 2017,State vs. Anurag Mishra, arising out of Case Crime No. 319 of 2016, under Sections 386, 504, 506, 352 I.P.C., Police Station Jalalabad, District Shahjahanpur.
It has been submitted that lapse has occurred because of non-communication and lack of awareness on the applicant's part about the pendency of these criminal proceedings. He has upon coming to know of the pendency of the criminal case all intention to submit to the process of law and prays that he may be granted indulgence to surrender and seek bail within stipulated period of time.
Prayer for quashing the N.B.W. is refused.
Considering the aforesaid facts and circumstances, 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, no coercive action shall be taken against the applicant in the aforesaid case.
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 :- 24.9.2018 BKM/-