Court No. - 53
Case :- APPLICATION U/S 482 No. - 34134 of 2018 Applicant :- Rashid Rana And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Rizwan Ullah Siddiqui, learned counsel for the applicants and Sri M.P. Singh Gaud, learned AGA for the State.
This application has been filed with a prayer to quash the N.B.W. dated 23.10.2017 passed by Judicial Magistrate (IInd), District Saharanpur in Case No. 1365 of 2016, State of U.P. vs. Rashid and others, arising out of Case Crime No. 174 of 2012, under Section 452, 504, 506, 436 and 427 I.P.C., Police Station Sarsawa, District Saharanpur pending in the Court of Judicial Magistrate IInd, Saharanpur.
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 stipulated period of time.
Prayer for quashing the N.B.W. is refused.
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 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 applicants in the aforesaid case.
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 :- 25.9.2018 BKM/-