Court No. - 53
Case :- APPLICATION U/S 482 No. - 19606 of 2018 Applicant :- Rajesh Sethi Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and the learned AGA for the State.
This application has been filed seeking to quash the entire proceedings of Case No. 86 of 2008, State vs. Rajesh Sethi as well as charge sheet dated 29.11.2007 (arising out of Case crime no. 1609 of 2007, under Sections 376, 506 IPC, P.S. Sipri Bazar, District Jhansi) pending in the court of Chief Judicial Magistrate, Jhansi.
At the hearing the learned counsel for the applicant confines his prayer to a consideration of his bail afresh.
It is pointed out that in the present case the applicant was granted bail on 25.10.2007 and a non-bailable warrant came to be issued on 17.04.2015. It is submitted that the lapse has occurred on account of factors beyond the applicant's control and he is a law abiding citizen who wishes to submit to the process of law, surrender and seek bail afresh.
Prayer for quashing the proceedings is refused.
Considering the aforesaid facts and circumstances, particular, the fact that the applicant was on bail, 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 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, no coercive action shall be taken against the applicant in the aforesaid case.
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 :- 30.5.2018 Imroz