Court No. - 53
Case :- APPLICATION U/S 482 No. - 32180 of 2018 Applicant :- Dildar Opposite Party :- State Of Up And Another Counsel for Applicant :- Jai Shanker Malviya Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the non-bailable warrants dated 24.06.2016 issued against the applicant in Case No.18910 of 2014-State Vs. Shadab @ Shahniyaz & Ors. (arising out of Case Crime No.688 of 2014), under Sections 457, 380 IPC, PS Katghar, District Moradabad pending in the Court of Additional Chief Judicial Magistrate, Court No.6, Moradabad.
It has been submitted that the applicant was on bail but could not reach court on 24.06.2016 and in consequence of which non-bailable warrants have been issued. It is submitted that the lapse has occurred on account of factors beyond the applicant's control and he is a law abiding citizen who wishes to submit to the process of law, surrender and seek bail afresh.
Considering the aforesaid facts and circumstances, in particular, the fact that the applicant was on bail, it is directed that if the applicant appears and surrenders 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 & Anr. 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 surrenders 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, this application is finally disposed of.
Order Date :- 17.9.2018 Shahroz