Court No. - 52
Case :- APPLICATION U/S 482 No. - 9501 of 2018 Applicant :- Babloo Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Prashant Kumar Lal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A.
The present 482 Cr.P.C. petition has been filed for quashing the order dated 12.3.2018 passed by Additional District Judge (Special) SC/ST Act, Baghpat in S.T. No. 12 of 2011 (State vs. Vikas and others) arising out of case crime no. 159, u/s 376/34 IPC and section 3(2)(V) SC/ST Act, P.S. Balainee, District Baghpat.
The contention of the counsel for the applicant is that the applicant was summoned u/s 319 Cr.P.C., against the said order revision was preferred before the court in which stay was granted, however, it has now been decided on 7.2.2018 in Crl. Revision No. 2820 of 2012, thereafter NBW has been issued.
The prayer for quashing the order impugned is refused.
However, it is provided that if the applicant files an application for recalling of the non-bailable-warrant issued against him within 30 days from today, the said application may be considered and disposed as expeditiously as possible, in accordance with law or in case, 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 disposal of the application for grant of bail 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, this application is finally disposed off.
Order Date :- 23.3.2018 Dhirendra/