Court No. - 53
Case :- APPLICATION U/S 482 No. - 33773 of 2018 Applicant :- Jitendra Tiwari Alias Pilli And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Ram Krishna Mishra,Shiv Ram Misra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicants and the learned AGA for the State.
This application has been filed with a prayer to quash the N.B.W. dated 29.8.2017 passed by learned Special Chief Judicial Magistrate, Kanpur Nagar in Case No. 971 of 2014, State of U.P. vs.Teetu @ Virendra Tiwari and others, arising out of Case Crime No. 453 of 2013, under Section 452, 342, 323,504 I.P.C., Police Station Govind Nagar, District Kanpur Nagar pending in the Court of Special Chief Judicial Magistrate, Kanpur Nagar.
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 :- 25.9.2018 BKM/-