Court No. - 54
Case :- APPLICATION U/S 482 No. - 28761 of 2018
Applicant :- Deepak Verma
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Mumtaz Ali
Counsel for Opposite Party :- G.A.,Shad Khan
Hon'ble Rahul Chaturvedi,J.
Heard Sri Mumtaz Ali, learned counsel for the applicant, Sri Karuna Krishna Thariya and Shri Shad Khan, Advocate appearing on behalf of opposite party no. 2, learned Additional Advocate General appearing on behalf of the State and perused the record.
This application has been filed under Section 482 Cr.P.C. seeking to quash the impugned order dated 07.08.2018 (State of U.P. vs. Kamal Ahsan and others), in Case Crime No. 295 of 2017, under Sections 409, 418, 420, 421, 463, 467, 468, 471, 477, 477-A, 201, 120-B/34 IPC, PS Civil Lines, District Allahabad.
On perusal of the impugned order and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 482 CrPC. This Court cannot hold a parallel trial in an application under Section 482 Cr.P.C. No such ground appears to be available to the applicant, on the basis of which the impugned order can be quashed going by the settled law in R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
Accordingly, the prayer for quashing the impugned order is refused.
However, considering the facts and circumstances of the case, it is provided that if the applicant appears and surrender before the court below within 45 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 45 days from today or till the applicant surrender 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, the application is finally disposed of.
However, it is made clear that no further time will be extended for any reason, if the aforesaid order is not complied with by the applicant, within the stipulated period, as above.
Order Date :- 6.9.2018/shailesh