Court No. - 32
Case :- APPLICATION U/S 482 No. - 6414 of 2018 Applicant :- Chandrabhan Srivastava Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jai Raj Singh Tomar,Kavita Tomar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This Crl. Misc. application under Section 482 Cr.P.C. has been filed for quashing of the order dated 8.1.2018 passed by Special Judge, Gangsters Act/A.D.J., Court No.5, Kanpur Dehat in S.S.T. No.29 of 2013 in case crime no.69 of 2013, under section 3(1) U.P. Gangsters Act, P.S. Rajpur, District Kanpur Dehat and further prayer is to stay the proceeding of aforesaid case crime.
Learned counsel for the applicant submitted that applicant was falsely implicated in the present case and he was released on bail. On every date, he attended the court, however, due to illness he could not attend the court on one date and as such non bailable warrant was issued hence impugned order of non bailable warrant be quashed. The applicant is ready to appear before the court concerned. Alternative prayer is to issue direction for consideration of the bail application expeditiously, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (4) SCC 437.
Learned AGA opposed aforesaid prayer and submitted that since applicant was absent hence there was no option but to issue non bailable warrant.
Considered the submission of counsel for the parties. The court concerned, where proceeding is pending, is expected to scrutinize the material carefully so any innocent person is not harassed, prosecuted and held guilty. Since the disputed question of facts requires appreciation of evidence hence at this initial stage it is not a fit case for interference under section 482 Cr.P.C.
As far as expeditious disposal of the bail application is concerned, no such direction is required. However, in view of the aforesaid facts, if the applicant appears before the courts below within three weeks from today and applies for bail, it is expected that the same will be considered and disposed off, as expeditiously as possible, in accordance with law.
For a period of three weeks, the effect and operation of impugned warrant shall be kept in abeyance.
Accordingly, present application under section 482 Cr.P.C. is finally disposed off.
Order Date :- 28.2.2018 Pramod