Court No. - 53
Case :- APPLICATION U/S 482 No. - 28821 of 2018 Applicant :- Mohd Chand And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Gautam,Mohd. Shamim Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This is an application under Section 482 Cr.P.C. seeking to quash the entire proceedings including the cognizance/ summoning order dated 08.02.2013 and the order issuing non-bailable warrants dated 17.04.2014 against the applicants by the learned A.C.J.M., Firozabad in Case no.84 of 2013 (arising out of Case Crime no.440 of 2012), under Sections 406, 504, 506 IPC, Police Station Rasulpur, District Firozabad.
It has been submitted that lapse has occurred because of non- communication and lack of awareness on the applicants' part about the pendency of these criminal proceedings. They have upon coming to know of the pendency of the criminal case all intention to submit to the process of law and prays that they may be granted indulgence to surrender and seek bail within stipulated period of time.
Prayer for quashing the N.B.W. is refused.
Considering the aforesaid facts and circumstances, it is directed that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided 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 Supreme 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 applicants surrender whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 21.8.2018/Anoop