Court No. - 53
Case :- APPLICATION U/S 482 No. - 17572 of 2018 Applicant :- Ramapati Yadav @ Nikku Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shiva Kant Srivastava 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 is an application has been filed with a prayer to quash the proceeding under Section 82 Cr.P.C. against the applicant in Case No. 18 of 2014 (State vs. Gyan Prakash and another), arising out of Case Crime No. 583 of 2013, under Section 3(1) of U.P. Gangster and Anti Social Activities (prevention) Act, 1986, P.s. Phoolpur, District Azamgarh.
It has been submitted that the applicant was on bail but could not reach the court on the date fixed and in consequence proceeding under Section 82 Cr.P.C. have been issued. 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 proceeding under Section 82 Cr.P.C. 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 :- 29.5.2018 Imroz