Heard learned counsel for the applicant as well as learned A.G.A for the State/opposite party no.1 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceeding in pursuance of the impugned order dated 24.07.2018 in Criminal Case No. 586 of 2019 (State v. Mithilesh @ Pappu) arising out of Case Crime No. 140 of 2018, under Sections 406, 420, 504, 506 I.P.C., pending in the Court of the Additional Chief Judicial Magistrate- IIIrd, Basti.
Learned counsel for the applicant, after making submissions to some extent, has fairly submitted that necessary grounds for invoking the inherent powers of this Court under Section 482 Cr.P.C. have not been made out in the facts of the present case. Accordingly, he does not wish to press the principal prayer, as made in the application.
In view of the above, the relief as sought in the instant application is refused.
At this stage, learned counsel for the applicant makes a submission that the applicant is ready to submit to the jurisdiction of the concerned court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by learned counsel for the applicant is for expeditious disposal of his bail application.
Considering the aforesaid alternative prayer made by learned counsel for the applicant, it is provided that in case the applicant appears and surrenders before the court below within 30 days from today and applies for bail, the bail application of the applicant shall be considered and decided by the concerned Court taking into view the settled legal position in this regard.
For a period of 30 days from today or till appearance of the applicant before the Court below, 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.
It is made clear that no application seeking extension of time shall be entertained if this order is not complied with within the aforesaid period.
With the aforesaid observations and directions, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 5.2.2021 SKT/-