Court No. - 71
Case :- APPLICATION U/S 482 No. - 21781 of 2019
Applicant :- Lallu @ Manoj Kumar Mishra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 8.4.2019 passed by the Addl. District Judge, Court no. 2, Kaushambi in Case no. 15 of 2019, arising out of Case Crime no. 60 of 2012, under Sections 323, 324, 435, 504, 506 I.P.C., Section 3(1)X and 3(2)V SC/ST Act, P.S. Saini, district-Kaushami, by which N.B.W. has been issued against the applicant for enforcing his appearance in aforesaid case after he failed to respond to the summons and bailable warrant issued against him.
After having heard the learned counsel for the applicant and perused the impugned order as well as the materials brought on record, I do not find any justification for quashing the order dated 04.01.2012.
However, it is directed that if the applicant appears and surrender before the court below within a week 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 Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of one week from today no coercive action shall be taken against the applicant. It is being made clear that in case the applicant fails to surrender before the concerned court within the period indicated hereinabove, this application shall stand dismissed without any further reference to the court below.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 30.5.2019 Faridul