Court No. - 44
Case :- APPLICATION U/S 482 No. - 8064 of 2019
Applicant :- Pratap Singh
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.
This application under Section 482 Cr.P.C. has been filed for quashment of the entire criminal proceeding in Complaint Case No.1816 of 2012, Smt. Harpyari Vs. Pratap Singh, under Sections 420, 406 I.P.C., Police Station Malpura, District Agra as well as summoning order dated 28.09.2015 passed by the Additional Chief Judicial Magistrate, Court No.12, Agra and non-bailable warrant order dated 11.01.2017 issued against the applicant.
At the very outset, learned counsel for the applicant has submitted that the applicant wishes to move bail application before the trial court and relinquish the prayer for quashment.
Learned A.G.A. has no objection.
Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within 30 days from today and moves application for bail, the same shall be considered and disposed of in terms of the guidelines / observations given in the judgment and order dated 3.7.2014 passed by this Court in Application U/S 482 Cr.P.C. No. 21679 of 2014-Munawwar and 9 others Vs. State of U.P. and another.
For a period of thirty days from today, no coercive action shall be taken against the applicant.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 28.2.2019 rkg