Court No. - 53
Case :- APPLICATION U/S 482 No. - 25309 of 2018 Applicant :- Rakesh Kumar And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicants and the learned AGA for the State.
This application has been filed under Section 482 CrPC seeking to quash the entire proceedings of Criminal Case No.42526 of 2017 as well as NBW dated 06.01.2018 arising out of Case Crime No.498 of 2016, under Sections 420, 467, 468, 471, 406 IPC, PS Kallyanpur, District Kanpur Nagar pending in the Court of learned Chief Metropolitan Magistrate, Kanpur Nagar.
It has been submitted that lapse has occurred because of non-communication and lack of awareness on the applicants' part about the pendency of these criminal proceedings. They have upon coming to know of the pendency of the criminal case all intention to submit to the process of law and pray that they may be granted indulgence to surrender and seek bail within a stipulated period of time.
Considering the aforesaid facts and circumstances, it is directed that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati & Anr. 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 applicants surrender whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 26.7.2018 Shahroz