Heard learned counsel for the applicant, learned A.G.A and perused the record.
In case crime No.c-39 of 2004 , under sections 409,419,420,467,468,471 IPC P.S. Kotwali, district Gonda charge sheet was submitted by the police against the applicant with two other accused persons and case No. 346 of 2005 was registered.Application under section 482 Cr.P.C for quashing of the summoning order has been moved.
Learned counsel for applicant argued that applicant had no knowledge about the investigation in the case. He was never interrogated by the police in the matter. Surprisingly , charge sheet was submitted against him. Although there is order for issuing summons of bailable warrants against the applicant but there is no service on him and order of issuing non bailable warrants has been passed against him. Now he wants to surrender himself before the court and move application for bail in the matter. He prays for protection from the court that during the period when he appears before the court, he should not be apprehended by the police in compliance of the non bailable warrants.
Learned counsel for applicant has not pressed the prayer for quashing of the summoning order. He simply pressed for direction to the trial court for consideration of his bail application expeditiously.
Learned A.G.A has no serious objection if the prayer is granted.
In the aforesaid circumstances the petition is finally disposed of with the direction that if within 15 days from today the applicant appears before the trial court and surrenders himself , he shall be taken into custody and if bail application is moved the same shall be disposed of expeditiously in view of law laid down by the Full Bench of this Court in the case reported in 2004 (57) ALR 390 : Smt. Amrawati Vs. State of U.P..
During these 15 days no coercive steps shall be taken against the applicant.
Let a copy of this order be given to the learned counsel for applicant within three days on payment of usual charges.
Date of order; 19.1.2010 R.P./