Court No. - 52
Case :- APPLICATION U/S 482 No. - 9895 of 2018 Applicant :- Chandan Chaubey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashi Bhushan Kunwar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Learned counsel for the applicant is permitted to correct the prayer. Heard learned counsel for the applicant and learned A.G.A.
The present 482 Cr.P.C. petition has been filed for quashing the non- bailable-warrant 23.9.2017 passed by Judicial Magistrate, IInd, Ballia in Case no. 1309 of 2012 (old Case no. 1702 of 2011) State vs. Chandan Chaubey and another, arising out of NCR No. 72 of 2010, u/s 323, 504, 506 IPC, P.S. Bansdih Road, District Ballia.
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 three weeks 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 three weeks 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 three weeks 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 :- 28.3.2018 Dhirendra/