Court No. - 49
Case :- APPLICATION U/S 482 No. - 6640 of 2018
Applicant :- Puran Singh
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abdul Khalik Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the Non Bailable Warrant 31.10.2014 and the entire proceeding of Case No. 674 of 2013 arising out of Case Crime No. 54 of 2013 under Sections 406, 504, 506 I.P.C., Police Station Rijore, District Etah, pending in the court of Addl. Civil Judge (Jr. Div.) Court No. 22, Etah.
Earlier, the applicant had approached this Court by means of Application U/s 482 Cr.P.C. No. 39007 of 2013, which was disposed of with following indulgence granted to the applicant:
"However, 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 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 45 days from today or till the applicant surrenders and applies for bail 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."
While the order was passed in the year 2013, the applicant had admittedly not make compliance despite a lapse of four years and has now approached this court again upon issuance of Non Bailable Warrant against him.
The present application has no merit, hence no indulgence may be granted.
The present application is dismissed with the aforesaid observation.
Order Date :- 27.2.2018 Lbm/-