Court No. - 17
Case :- APPLICATION U/S 482 No. - 10128 of 2018
Applicant :- Ravindra
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This Application under Section 482 Cr.P.C. has been filed with a prayer for quashing the N.B.W. dated 31.05.2017 passed by Additional C.J.M., III Gautam Budh Nagar in Case No. 1310 of 2016 arising out of Case Crime No. 324 of 2015, under Sections 307 and 411 I.P.C. Police Station Badalpur, District Gautam Budh Nagar.
The contention of learned counsel for the applicant is that accused applicant was not having any knowledge that a case was listed for hearing; for the first time, in this case, N.B.W. was issued on 31.05.2017.
Learned A.G.A. has opposed the prayer for quashing of the said N.B.W.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Perusal of the order-sheet indicates that the N.B.W. was issued for the first time on 31.05.2017 to procure the presence of the accused who was not appearing before court. It is also evident that he had not appeared since filing of the charge-sheet and registration of the case before court below, therefore, there is no case made out for quashing of N.B.W. and the same is, accordingly, refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail may 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 30 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 :- 29.3.2018
A. Mandhani