Court No. - 49
Case :- APPLICATION U/S 482 No. - 19700 of 2018
Applicant :- Nirmal Singh
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Awadhesh Kumar Singh,Abhai Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
The present 482 Cr.P.C. application has been filed to quash the entire criminal proceeding of Criminal Case No. 4862 of 2012 (Case Crime No. 332 of 1992) State Vs. Nirmal Singh, under Sections 420, 467, 468 and 471 IPC, Police Station Sihani Gate, District Ghaziabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.3, Ghaziabad and further to set aside the order issuing N.B.W. and notice, under Sections 82 and 83 Cr.P.C.
Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within 30 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 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 30 days and no more, from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
In case, the applicant does not appear before the Court below within the aforesaid period, the trial Court shall adopt all coercive measures to secure his attendance.
The present application stands disposed of. Order Date :- 30.5.2018 Mini