Court No. - 48
Case :- APPLICATION U/S 482 No. - 39928 of 2017 Applicant :- Brijesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed for quashing of impugned non bailable warrant order dated 8.11.2017 passed by Civil Judge (S.D.)/A.C.J.M., Sant Kabir Nagar in Case No. 5914 of 2016, State vs. Awadhesh and others, arising out of Case Crime No. 537 of 2015, under Sections 147, 148, 149, 323, 504, 506, 325, 308, 427 I.P.C., P.S.-
Mehdawal, District- Sant Kabir Nagar by which learned court below has issued non bailable warrant as well as initiate the proceedings under Section 82 of Cr.P.C. against the applicant.
Applicant's counsel is permitted to make necessary correction in the memo of application.
Heard applicant's counsel as well as learned AGA and perused the record.
The Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned orders is refused.
Applicant's counsel submits that as it is being desired by the accused to obtain bail after surrendering in the court below, a protective direction may be issued to the lower court to decide the proposed bail application.
In view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within two weeks from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is made clear that if this order is not availed by the accused within stipulated period of time, no time extension application shall be entertained.
It is further clarified that this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 29.11.2017 Naresh