Court No. - 74
Case :- MATTERS UNDER ARTICLE 227 No. - 2273 of 2021 Petitioner :- Mahendra Pal Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Prakash Chandra Pandey Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J.
The petitioner has come up challenging the orders dated 23.02.2021, 03.11.2016 and 26.05.2011 passed by the Judicial Magistrate, Konch, Jalaun in Criminal Case no.226 of 2011, State vs. Mahendra Pal Singh (arising out of Case Crime no.629 of 2010), under Sections 420, 467, 468, 471 IPC, Police Station Nadigaon, District Jalaun, saying that these orders of cognizance and further coercive processes have been passed on a printed proforma. The order taking cognizance was passed way back in the year 2011 and it would not be in any way advancing the interest of justice by interfering with the order at this stage.
The prayer to quash the impugned orders is, accordingly, refused.
However, in case the petitioner surrenders before the Judicial Magistrate, Konch, Jalaun within 45 days from today and applies for bail in Criminal Case no.226 of 2011, State vs. Mahendra Pal Singh (arising out of Case Crime no.629 of 2010), under Sections 420, 467, 468, 471 IPC, Police Station Nadigaon, District Jalaun, the same 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., 2004 (57) ALR 290 and affirmed by the Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
For a period of 45 days from today, no coercive action shall be taken against the petitioner. However, in case, petitioner does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
This Application stands disposed of accordingly.
Order Date :- 8.4.2021 Anoop