Court No. - 67
Case :- APPLICATION U/S 482 No. - 3424 of 2019 Applicant :- Sadhana Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pravin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of the present application, the applicant has prayed for setting aside order dated 07.08.2018 passed by the Chief Judicial Magistrate, Farrukhabad whereby non bailable warrant has been issued against the applicant in Criminal Case No. 5089 of 2016 (State v. Ajeet Singh and another) arising out of Case Crime No. 20 of 2016, under sections 452, 427, 448 and 506 IPC, P.S. Fatehgarh, District Farrukhabad as well as a direction the court concerned to release him on bail in the aforesaid case.
Perusal of the record reveals that on the earlier occasion the applicant filed APPLICATION U/S 482 No. - 27787 of 2018 with the prayer for bail in the aforesaid case wherein coordinated Bench of this Court vide order dated 18.08.2018 directed the applicant to appear and surrender before the court concerned within 45 days and apply for bail and same shall be decided by the court below. For the aforesaid period, it was also directed therein that no coercive action shall be taken against the applicant.
There appears that the applicant did not avail the opportunity, pursuant to the aforesaid order of the Court and flouting the same, without appearing, surrendering before the court concerned, deliberately is trying to play the second innings by filing the instant application with the same prayer adding therein to set aside the non bailable order dated 07.08.2018, which was obviously ordered by the court concerned, when despite the order dated 18.08.2018 passed by the coordinate Bench of this Court, the applicant did not appear and surrender.
In the present scenario this Court is not inclined to pass any order with regard to the order under challenge dated 07.08.2018.
The aforesaid act of the applicant is deplorable, therefore, instead passing any order on the instant application, directs him to pay a fine of Rs. 25,000/- as cost within a week and the court concerned is at fullest liberty to take stern action against the applicant, in accordance with law.
Office is directed to transmit this order to the learned Sessions Judge, Farrukhabad to recover the aforesaid fined amount from the applicant at the earliest and deposit the same in some welfare scheme at Farrukhabad itself..
With the aforesaid direction, the present application filed under section 482 Cr.P.C., is finally disposed of.
Order Date :- 29.1.2019 shailesh