Court No. - 51
Case :- APPLICATION U/S 482 No. - 27422 of 2018 Applicant :- Manoj Tyagi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 3352 of 2018 (State Vs. Manoj Tyagi) as well as cognizance order dated 07.05.2018 passed by learned A.C.J.M. 2nd Saharanpur, arising out of case crime no. 340 of 2017, under Sections- 420, 504, 506 and 406 IPC, P.S.- Janakpuri, District Saharanpur pending before the concerned courts below.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, no case for interference has been made out. The prayer as made above is hereby refused.
However, it is directed that in case applicant appears and surrenders before the courts below within 3 months from today and applies for bail, his prayer for bail shall be considered and decided expeditiously on its own merits 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 3 months from today or till the applicant surrenders and applies for bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Courts below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid direction, the application is disposed off finally.
Order Date :- 23.8.2018 SKG