Heard learned counsel for the applicant, learned A.G.A and perused the record.
This present application under Section 482 Cr.P.C has been filed to quash order dated 07.04.2010 & N.B.W. dated 19.05.2010 passed by the Chief Judicial Magistrate, Aligarh in case no. 1696 of 2010 (State Vs. Mahendra Pratap Singh @ Boby and others) u/s 395, 397, 506, 384 IPC, P.S. Bannadevi, District Aligarh.
After hearing learned counsel for the applicant's side and learned A.G.A from respondent's side and perusal of the entire record, facts and circumstances on record for the prosecution case of the respondent's side and the grounds mentioned in the application nowhere revealed any good ground for interference by this Court to prevent the abuse of the process as per provisions of Section 482 Cr.P.C. alleged through the impugned order. Therefore, I do not find it a fit case for quashing the impugned order. Hence, this application is hereby disposed of finally with a direction that if the applicant appears and surrenders before the court below within one month from today and apply for bail, their bail application shall be considered and disposed of expeditiously, if possible, on the same day, in view of the principles laid down by the Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh vs. State of U.P. and Others (2009) 4 SCC Page 437.
For a period of one month from today or till the disposal of the application for grant of bail, 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 may be taken against the applicant.
Order Date :- 24.6.2010 Naresh