Court No. - 53
Case :- APPLICATION U/S 482 No. - 28260 of 2018 Applicant :- Mohammad Ekhlaq Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Asha Parihar,Pradeep Chandra,Pratik Chandra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Pratik Chandra, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the proceedings of Case No.196 of 2017 (State Vs. Ekhlaq) arising out of Case Crime No.856 of 2015, under Sections 379, 411 IPC, PS Jalaun, District Jalaun pending in the Court of the learned Judicial Magistrate, Jalaun.
It has been submitted that the applicant was on bail but could not reach court on 23.07.2018 and in consequence of which non-bailable warrants have been issued. It is submitted that the lapse has occurred on account of factors beyond the applicant's control and he is a law abiding citizen who wishes to submit to the process of law, surrender and seek bail afresh.
Considering the aforesaid facts and circumstances, in particular, the fact that the applicant was on bail, it is directed that if the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati & Anr. 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 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.
However, in case the applicant makes an application for discharge at the appropriate stage, the same shall be considered in accordance with law uninfluenced by anything said in this order.
With the aforesaid directions, this application is finally disposed of. Order Date :- 24.8.2018 Shahroz