Court No. - 53
Case :- APPLICATION U/S 482 No. - 14727 of 2018 Applicant :- Ram Ujagir Yadav And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rahul Dwivedi 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 with a prayer to quash the N.B.W. + 82 Cr.P.C. order dated 23.1.2018 issued by Additional Chief Judicial Magistrate 5th Jaunpur in Case No. 1347 of 2917 (State Vs. Akhilesh Yadav and others) arising out of Case Crime No. 343 of 2016, under sections 147, 148, 149, 308, 323, 325, 504 and 506 IPC, P.S.
Badlapur, District Jaunpur, pending in the court of Additional Chief Judicial Magistrate Court No.5, Jaunpur. It is further prayed that a direction may be issued permitting the applicant to appear before the court below within a stipulated period of time.
It has been submitted that lapse has occurred because of non-communication and lack of awareness on the applicant's part about the pendency of these criminal proceedings. He has upon coming to know of the pendency of the criminal case all intention to submit to the process of law and prays that he 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 applicant appears and surrenders before the court below within 45 days from today and apply 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, 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 :- 30.4.2018 MT**