Court No. - 49
Case :- APPLICATION U/S 482 No. - 6377 of 2018 Applicant :- Bhagwat Prasad Opposite Party :- State Of Up And Another Counsel for Applicant :- Brahma Kumar Tiwari 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. application has been filed with a prayer to quash the entire proceeding of Case No. 7000 of 2016 (State Vs. Virendra Kumar Yadav and others), arising out of Case Crime No. 450 of 2015, under Section 419, 420, 406, 411 IPC, Police Station Manjhanpur, District Kaushambi as well as the order dated 11.1.2018 passed by learned Chief Judicial Magistrate, Kaushambi.
Learned counsel for the applicant submits that earlier he challenged the proceeding by means of 482 Cr.P.C. Application No. 2938 of 2017, which has been disposed of with certain directions.
"The prayer for quashing the proceedings, charge sheet and the order impugned is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and apply for bail, then the bail application of the applicant 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 judgment 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 of."
Pursuant to the same, the applicant had been enlarged on bail and charges have been framed. No interference is required at this stage.
The present application is dismissed. Order Date :- 26.2.2018 Mini