Court No. - 53
Case :- APPLICATION U/S 482 No. - 20011 of 2018 Applicant :- Ravindra Kumar Dixit Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashutosh Sharma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the impugned order dated 19.04.2018 passed in Gangster Sessions Trial No.140 of 2005 (State Vs. Ramesh Kumar & Ors.) by the learned ADJ-5/Gangster Act, Jalaun at Orai.
The submission of the learned counsel for the applicant is that by the order dated 19.04.2018 non-bailable warrants have been issued. The applicant is facing trial since the year 2005 and has been appearing in the case but not one prosecution witness examined so far all of whom are policemen. It is his submission that for him even a single date of non-attendance results in a non-bailable warrant and being an accused he is entitled to realize his right to speedy trial guaranteed under Article 21 of the Constitution.
It is the submission that non-bailable warrants have been issued against the applicant due to absence on 19.04.2018. Whatever may be the circumstances the non-bailable warrants issued cannot be quashed. The prayer for quashing the non-bailable warrants is, therefore, refused.
Considering the aforesaid facts and circumstances of the case, 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 or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. 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 :- 31.5.2018 Shahroz