Court No. - 45
Case :- APPLICATION U/S 482 No. - 3259 of 2018 Applicant :- Devanand Kanchani Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the bailable warrant dated 28.10.2017 issued by the learned Additional Chief Judicial Magistrate, District Chitrakoot in Case No. 18041 of 2016 (Sate Vs. Devanand Kanchani), under Section 211 IPC, Police Station Manikpur, District Chitrakoot.
After having very carefully examined the submissions made by the learned counsel for the applicant and perused the material brought on record, I find that there is no justification for quashing the bailable warrant issued against the applicant.
The prayer to that extent is hereby refused.
However, it is directed that in case the applicant surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided by the Court below expeditiously in accordance with law.
For a period of 30 days from today or till the date of surrender, whichever is earlier, no coercive action shall be 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.
It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 22.2.2018 vinay