Court No. - 49
Case :- APPLICATION U/S 482 No. - 6193 of 2018
Applicant :- Himanshu Agarwal
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vijai Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State and Sri Vivek Dhaka has appeared on behalf of the opposite party no.2.
This application under Section 482 Cr.P.C. has been filed to quash the entire criminal proceedings including impugned charge sheet dated 24.10.2016 bearing charge sheet no. 01 of 2016 in Criminal Case No. 6353 of 2017 (State of U.P. Vs. Himanshu Agarwal) arising out of Case Crime No. 0427 of 2016, under Sections 406, 420 IPC, Police Station Kotwali, District Bareilly, pending in the Court of learned Chief Judicial Magistrate, Bareilly as well as impugned cognizance dated 7.12.2016 as well as non bailable warrant dated 30.1.2018 passed by learned Additional Chief Judicial Magistrate-6th, Bareilly.
Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if 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 and no more, from today, the 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, the trial Court shall adopt all coercive measures to secure his attendance.
The present application stands disposed of. Order Date :- 23.2.2018 Mini