Court No. - 53
Case :- APPLICATION U/S 482 No. - 32845 of 2018 Applicant :- Neeraj Tiwari Opposite Party :- State Of Up And Another Counsel for Applicant :- D.K.Ojha Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the proceedings of Section 82 CrPC passed by Additional Civil Judge (JM), Court No.18, Azamgarh in Criminal Case No.Nil (arising out of Case Crime No.49 of 2018), under Sections 392, 411, 120B IPC, PS Atrauli, District Azamgarh pending in the Court of Additional Civil Judge (JM), Court No.18, Azamgarh.
It has been submitted that lapse has occurred because of non-communication and lack of awareness on the applicant's part about the pendency of these criminal proceedings. He has upon coming to know of the pendency of the criminal case all intention to submit to the process of law and pray that he may be granted indulgence to surrender and seek bail within a stipulated period of time.
Considering the aforesaid facts and circumstances, 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 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 aforesaid directions, this application is finally disposed of.
Order Date :- 19.9.2018 Shahroz