Court No. - 49
Case :- APPLICATION U/S 482 No. - 14611 of 2018
Applicant :- Chhote Lal
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamlendra Singh Jadaun 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 quashing the summoning order dated 14.1.2016 passed by the Additional Chief Judicial Magistrate, Shikohabad, Firozabad, in Misc. Case No. 616 of 2013 (Anup Singh Vs. Chhote Lal and others) arising out of Final Report No. 86 of 2013, in Case Crime No. 450 of 2012, under Sections 420, 467, 468, 471 IPC, Police Station Shikohabad, District Firozabad, pending in the Court of Additional Chief Judicial Magistrate-II, Firozabad.
Sri S.B. Singh, learned counsel for the opposite party no.2 has raised a preliminary objection that the present application has been filed wholly belatedly and even at this stage the last order passed by the learned Court below dated 17.3.2018 has not been disclosed.
Briefly, it appears that the summoning order had been issued by the learned Court below on 14.1.2016 against four accused i.e. the applicant who is the vendor and three others co-accused who are the vendee.
At that stage, it appears a Section 482 Cr.P.C. Application No. 10837 of 2016 was filed by Smt. Rajan and two others (vendee). by order dated 13.4.2016, the aforesaid 482 Cr.P.C. application was entertained and interim protection was granted. The said application is still pending.
However, the applicant neither approached this Court by filing 482 Cr.P.C. application nor he did appear before the learned Court below.
On the other hand, the opposite party no.2 filed 482 Cr.P.C. Application No. 6872 of 2018, that was disposed of by order dated 27.2.2018, in effect providing that the learned Court below may proceed against the applicant since there is no interim order operating in his favour.
It further appears from the submission made by learned counsel for the opposite party that in pursuance of the aforesaid order, the learned Court below has then passed an order dated 17.3.2018 and issued fresh summons. Thereafter by order dated 21.4.2018 it has issued non-bailable- warrants against the present applicant.
As to the delay, on part of the applicant in approaching this Court, there is no averment made in the affidavit in support of the application.
The applicant has chosen not to take any stand to justify either the delay in approaching the Court or for not appearing before the learned Court below.
In view of the above, the present application does not warrant any interference at this stage since the summoning order is the year 2016.
Considering the fact that the trial against the three co-accused (vendor) is lying staged in Section 482 Cr.P.C. application no. 10837 of 2016, however, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within 30 days 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 30 days and no more, from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
In case, the applicant does not appear before the Court below within the aforesaid period, the trial Court shall adopt all coercive measures to secure his attendance.
The present application stands disposed of. Order Date :- 27.4.2018 Mini