Court No. - 53
Case :- APPLICATION U/S 482 No. - 29071 of 2018 Applicant :- Mahendra Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Uday Gopal Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is an application under Section 482 Cr.P.C. seeking to quash the non- bailable warrant dated 30.07.2018 in Case no.4527/IX of 2017, State vs. Mahendra Kumar (arising out of Case Crime no.1094 of 2015), under Sections 420, 406, 506 IPC, Police Station Kotwali, District Mathura issued by the Additional Chief Judicial Magistrate-III, Mathura.
Charge sheet has been filed against the applicant and the applicant is not on bail. Non-bailable warrants have been issued on 30.07.2018. The applicant has come up with a prayer to quash the non-bailable warrants of arrest.
Looking to the fact that non-bailable warrant of arrest is a process and nothing more, which has not been challenged on any substantive ground, the prayer as made cannot be granted.
The prayer for quashing the non-bailable warrants dated 30.07.2018 is, therefore, refused.
However, in case the applicant appears or 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 or till the applicant surrenders whichever is earlier, no coercive action shall be taken against the applicant. 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, the application is finally disposed of.
Order Date :- 23.8.2018 Anoop