Court No. - 49
Case :- APPLICATION U/S 482 No. - 6679 of 2018 Applicant :- Bhagwan Das Gupta Opposite Party :- State Of Up And Another Counsel for Applicant :- Prateek Samadhiya Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. has been filed with a prayer to stay the effect and operation of the impugned warrant dated 29.1.2018 issued by learned Judicial Magistrate, Moth, District Jhansi in Case No. 249 of 2013 arising out of Case Crime No. 177 of 2011, under Section 409 IPC, Police Station Poonch, District Jhansi, pending before the Court of Judicial Magistrate, Moth, Jhansi.
The contention of learned counsel for the applicant is that applicant had earlier approached this Court by means of Crl. 482 Cr.P.C. Application No. 1686 of 2012 that had been disposed of with the following observations:-
"After hearing learned counsel for the applicants and learned A.G.A. this application is finally disposed of with a direction that if the applicants appear and surrender before the Court below within 30 days from today and apply for bail, then their bail application shall be considered and decided if possible on the same day in accordance with the settled law laid down by the Seven Judges' decision of this Court in the case of Amarawati 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 (322) (SC) Lal Kamlendra Pratap Singh Vs. State of U.P., after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence."
While, the aforesaid indulgence was granted in the year 2012, the applicant has admittedly not complied with the same for six years. Learned counsel for the applicant further states that the applicant was under a bonafide belief that the proceeding had been stayed by this Court. The order dated 16.1.2012 is categorical and admits of no doubt that the application was disposed of with the indulgence granted to the applicant to appear before the Court below within 30 days.
No case is made out. It is dismissed with the aforesaid observation.
Order Date :- 27.2.2018 Mini