Court No. - 53
Case :- APPLICATION U/S 482 No. - 31872 of 2018 Applicant :- Jitendra Alias Juganu And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Balram Mishra,Gaurav Gupta Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
A mention was made in the morning to take up this matter out of turn on the ground that non bailable warrants have been issued against the applicants.
Heard Sri Gaurav Gupta, learned counsel for the applicants and Sri Sudhir Kumar Pathak, learned AGA for the State.
This application has been filed with a prayer to quash the N.B.W. dated 16.10.2017 passed by Judicial Magistrate Puwayan, District Shahjahanpur in Case No. 445 of 2016, State of U.P. vs. Jitendra @ Juganu and another, arising out of Case Crime No. 1020 of 2015, under Section 420 I.P.C., Police Station Powayan, District Shahjahanpur, pending in the Court of Judicial Magistrate Puwayan, Shahjahanpur.
It has been submitted that lapse has occurred because of non-communication and lack of awareness on the applicants' part about the pendency of these criminal proceedings. They have upon coming to know of the pendency of the criminal case all intention to submit to the process of law and pray that they may be granted indulgence to surrender and seek bail within stipulated period of time.
Prayer for quashing the N.B.W. is refused.
Considering the aforesaid facts and circumstances, it is directed that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, their 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 Supreme 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, no coercive action shall be taken against the applicants in the aforesaid case.
However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 18.9.2018 BKM/-