Court No. - 53
Case :- APPLICATION U/S 482 No. - 32189 of 2018 Applicant :- Mohit@Golu@Satish Opposite Party :- State Of Up And Another Counsel for Applicant :- Prakash Narayan Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri P.N. Bajpai, learned counsel for the applicant and Sri Nitin Kesharwani, learned AGA along with Sri Avaneesh Shukla, learned counsel appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the proceedings of Case No.15536 of 2018-State Vs. Rakesh Verma (arising out of Case Crime No.1063 of 2017), under Sections 420, 468, 471, 272, 419, 467 IPC and Section 60 Excise Act, PS Naubasta, District Kanpur Nagar pending in the Court of Additional Chief Metropolitan Magistrate-I, Kanpur Nagar.
The submission of the learned counsel for the applicant is that the applicant who is facing trial in Case No.15536 of 2018- State Vs. Rakesh Verma (arising out of Case Crime No.1063 of 2017), under Sections 420, 468, 471, 272, 419, 467 IPC and Section 60 Excise Act, PS Naubasta, District Kanpur Nagar pending in the Court of Additional Chief Metropolitan Magistrate-I, Kanpur Nagar is out on bail in all offences except under Sections 419 and 467 IPC. The said bail has been granted pending investigation and at the stage of filing of the charge sheet two additional sections, to wit, Sections 419 and 467 IPC have been added. Now the applicant is faced with coercive processes in relation to added sections under Sections 419 and 467 IPC.
Looking to the facts and circumstances the prayer for quashing the charge sheet is refused.
However, it is directed that if the applicant appears and surrenders before the court below within 45 days from today and applies for bail in the added sections under Sections 419 and 467 IPC, his 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 the 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 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.
With the above orders, this application is finally disposed of.
Order Date :- 17.9.2018 Deepak