Court No. - 55
Case :- APPLICATION U/S 482 No. - 39284 of 2018
Applicant :- Rihan
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Gagan Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State The present application under Section 482 Cr.P.C. has been filed for quashing the Non-bailable warrant dated 20.3.2018 issued by Special Judge, Court No.8, Firozabad in Complaint Case(P.S.T.) No1140 of 2015, under Sections 498-A,376 IPC & Sec.3/4 D.P.Act & Sec.3.4 POCSO Act, PS Tundla, District Firozabad.
After having heard the learned counsel for the applicant and perused the materials brought on record, I do not find any justification for quashing the impugned order in the aforesaid case. The prayer for quashing the same is hereby refused.
However, it is directed that if the applicant appears and surrenders before the court below within 30 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 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, non-bailable warrant issued against the applicant shall be kept in abeyance.
In case, the applicant does not appear before the Court below within the aforesaid period, trial Court is free to take coercive action against him.
It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.
Order Date :- 30.10.2018 IA