Court No. - 45
Case :- APPLICATION U/S 482 No. - 38783 of 2018 Applicant :- Omveer Opposite Party :- State Of Up And Another Counsel for Applicant :- Tapan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant, through the present application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the proceedings of Case No.12 of 2006 (State Vs. Omveer and others), under Section 2/3 U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Sector-49, Noida, District Gautam Budh Nagar.
After hearing learned counsel for the applicant and learned A.G.A. this application is finally disposed of with a direction that if the applicant appears and surrenders before the Court below within two weeks from today and applies for bail, then his bail application shall be considered and decided expeditiously in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR-290, as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (322) (SC), Lal Kamlendra Pratap Singh Vs. State of U.P., after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.
For the period of 45 days, no coercive action shall be taken against the applicant for his personal appearance.
Order Date :- 26.10.2018 T. Sinha