Court No. - 48
Case :- APPLICATION U/S 482 No. - 39456 of 2018 Applicant :- Sanjeev Kumar Rana Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Sri Devendra Saini Advocate has filed his vakalatnama on behalf of opposite party no.2, which is taken on record.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of order dated 16.8.2018 passed by the Chief Judicial Magistrate, Saharanpur in Complaint Case No. 2367 of 2006, Sunil versus Anuj and others, under Sections 392, 452, 427, 323, 504 and 506 IPC, P.S. Sadar, District- Saharanpur whereby non bailable warrants have been issued against the applicant.
Heard applicant's counsel, learned AGA, learned counsel for opposite party no.2 and perused the record.
The Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned orders is refused.
Applicant's counsel submits that as it is being desired by the accused to obtain bail after surrendering in the court below, a protective direction may be issued to the lower court to decide the proposed bail application.
In view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within 10 days from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is made clear that if this order is not availed by the accused within stipulated period of time, no time extension application shall be entertained.
It is further clarified that for the present this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 31.10.2018 CPP/-