Court No. - 45
Case :- APPLICATION U/S 482 No. - 3280 of 2018 Applicant :- Dharmendra @ Chandu Opposite Party :- State Of U.P. Another Counsel for Applicant :- Awadhesh Kumar Mishra 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 u/s 482 has been filed for quashing the order dated 24.1.2017 passed by the court below in S.T. No. 1538/11,State Vs. Dharmendra , case crime no. 1243/2007 , under section 304 I.P.C. P.S. Sihanigate, District Ghaziabad, whereby the court below has issued non-bailable warrant against the applicant .
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 Non-bailable warrant issued against the applicant.
The prayer to that extent is hereby refused. However, it is directed that in case 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 by the Court below 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 :- 23.2.2018 MLK