Court No. - 69
Case :- APPLICATION U/S 482 No. - 36277 of 2019
Applicant :- Sanjay
Opposite Party :- State Of Up And Another Counsel for Applicant :- Dr. Arun Srivastav Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
The present application under Section 482 Cr.P.C. has been filed for quashing entire proceedings including Non Bailable Warrant dated 06.11.2016 issued by C.J.M., Bareilly and chargesheet dated 19.07.2009 submitted in Case No.983 of 2011 arising out of Case Crime No.2900 of 2009, under Section 420 I.P.C. and 57 Trade Mark Act, P.S. Kotwali, District Bareilly.
Learned counsel for the applicant submits that this is the second criminal misc. application under Section 482 Cr.P.C.. The first Criminal Misc. Application under Section 482 Cr.P.C. No.47208 of 2018 was dismissed with liberty to file fresh application vide order dated 03.01.2019.
He further submits that opposite party no.2 lodged an F.I.R. against the applicant and another co-accused on 09.06.2009 in case crime no.2900 of 2009, under Section 420 I.P.C. and 57 Trade Mark Act, P.S. Kotwali, District Bareilly. Against this F.I.R. the applicant approached this Court by way of filing a Criminal Misc. Writ Petition No.11942 of 2009 in which arrest of the applicant was stayed vide order dated 29.06.2009 of this Court. The applicant was enjoying the said order till 03.01.2019 when the first Criminal Misc. Application under Section 482 Cr.P.C. was dismissed with liberty to file fresh application.
On the other hand learned A.G.A. submits that vide order dated 29.06.2009 this Court has stayed the arrest of the applicant till the credible evidence is not collected by the I.O. during pendency of the investigation. Thereafter chargesheet has been submitted on 19.07.2009 against the applicant and N.B.W. has been issued on 06.11.2016.
Before this application the applicant had challenged non bailable warrant dated 30.10.2018 which indicates that the applicant is not diligent regarding the case.
Considering the facts and circumstances of the case, I do not find any ground to quash N.B.W., chargesheet and the criminal proceedings in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, in the interest of justice, it is provided that if the applicant appears and surrenders before the court below within four weeks from today and applies for bail, then the bail application of the applicant 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 judgment 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 four weeks 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 :- 30.9.2019 Asha