Court No. - 51
Case :- APPLICATION U/S 482 No. - 10511 of 2018 Applicant :- Mithlesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Chandra Dhari Singh,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 order dated 3.2.2017 passed by the learned Special Judge (Prevention of Corruption Act) in Special Case No. 11 of 2005 arising out of case crime no. 457 of 2002, U/s 406 IPC and section 7/13 of Prevention of Corruption Act, P.S. Kasimabad, District Ghazipur.
The contention of the counsel for the applicant is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He placed much reliance upon the averments as made in paragraph nos. 9 to 12 of the affidavit accompanying the application. He further submitted that the applicant was on bail, however he could not appear on few dates and the present proceedings have been initiated against the applicant. He also placed reliance upon the order passed in the matter of co-accused, copy of which have been annexed with the affidavit accompanying the application.
After hearing learned counsel for the parties and after perusing the averments made in the present application, no case for any interference has been made out. Accordingly, the prayer, as made above, is refused.
However, without expressing any opinion on the merits of the case, it is directed that in case the applicant appears and surrenders before the courts below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided 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 45 days 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 U/s 482 is disposed off finally.
Order Date :- 30.3.2018 Kuldeep