Court No. - 44
Case :- APPLICATION U/S 482 No. - 8115 of 2019
Applicant :- Ram Prakash Nishad
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Shashi Kumar Dwivedi,Hanuman Kinkar
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 proceeding as well as non-bailable warrant order dated 20.03.2018 passed by the Chief Judicial Magistrate, Court No.6, Agra, in Complaint Case No.696 of 2016 Ramdas Nishad Vs. Ram Prakash Nishad under Sections 420, 406, 323, 504, 506 I.P.C., Police Station New Agra, District Agra.
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