Court No. - 51
Case :- APPLICATION U/S 482 No. - 9710 of 2018
Applicant :- Kamlesh Kumar
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 1043/2017 arising out of case crime no. 217/2017 under Sections- 498A, 323, 504, 506 IPC, P.S.- Charwa, District Kaushambi pending before the concerned courts below.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, no case for interference has been made out. The prayer as made above is hereby refused.
However, it is directed that in case applicant appears and surrenders before the courts below within 60 days from today and applies for bail, his prayer for bail shall be considered and decided expeditiously on its own merits 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 60 days from today or till the applicant surrenders and applies for bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Courts below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid direction, the application is disposed off finally.
Order Date :- 29.3.2018 Anand