Court No. - 53
Case :- APPLICATION U/S 482 No. - 19110 of 2018 Applicant :- Kalu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dinesh Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and the learned AGA for the State.
This application has been filed with a prayer to quash the proceedings of charge sheet no. 371 of 1999 dated 29.11.1999 Case Crime No. 624-A of 1999 under sections 147, 148, 149, 323, 504 and 506 IPC, Police Station - Kavi Nagar, District - Ghaziabad.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in this case without any investigation and as a result of abuse of process of criminal court in order to spite and humiliate him at the instance of the opposite party no. 2. A perusal of the case dairy however indicates that the material in the case dairy is not appearing in the matter. No case for quashing the charge sheet is made out.
Prayer for quashing the charge sheet is refused.
However, considering the aforesaid facts and circumstances, 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 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 applicant in the aforesaid case.
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 :- 29.5.2018 Amit Mishra