Court No. - 44
Case :- APPLICATION U/S 482 No. - 39482 of 2018 Applicant :- Lala And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Virendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel the applicants and learned A. G. A.
The present application under Section 482 Cr. P. C. has been filed for quashing the order dated 20.06.2018 i.e. N.B.W. issued against the applicants in case no. 1489 of 2015 arising out of case crime no. 34 of 2015 under Sections 147, 148, 332, 353, 427, 336, 504, 506, 34 IPC and Section 7 Criminal Law Amendment Act, Police Station-Fatehpur Sikri, District- Agra(State Vs. Lala and others) pending in the Court of Judicial Magistrate, 1st Agra.
The submission made by learned counsel for the applicants is that no offence against the applicants is disclosed. He pointed out certain documents and statements in support of his contention. It is contended by learned counsel for the applicant that cognizance was taken by the learned Magistrate on 30.10.2015 and the non-bailable warrant was issued against the applicants on 20.06.2018.
The prayer for quashing the order issuing non-bailable warrant is refused.
However, it is provided 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 in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 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 45 days from today till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. 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 :- 31.10.2018/Sumit S