Court No. - 55
Case :- APPLICATION U/S 482 No. - 39199 of 2018
Applicant :- Gaffar
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Krishna Mohan Tripathi,Sunil Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This 482 Cr.P.C. application has been filed with a prayer to quash the entire proceedings of Complaint Case No.5611 of 2013, under Sections 406, 323, 504 I.P.C., police station Civil Lines, District Rampur as well as the summoning order dated 7.11.2015 and non-bailable warrant dated 1.2.2018, pending in the Court of A.C.J.M., Court No.2, Rampur.
After having heard the learned counsel for the parties present and perused the impugned order as well as the material brought on record, I am of the view that the impugned order is based upon relevant considerations and supported by cogent reasons, hence requires no interference by this Court. The prayer for quashing the same 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 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 from today, 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, trial Court is free to take coercive action against them.
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 observations, the application stands disposed of.
Order Date :- 30.10.2018 IA