Court No. - 52
Case :- APPLICATION U/S 482 No. - 21393 of 2019 Applicant :- Satish Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Azad Khan Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Azad Khan for the applicant and AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the charge-sheet dated 30.10.2016, submitted in Case Crime No. 44 of 2015, under Sections 379, 411 IPC, P.S. Armapur, district Kanpur Nagar, as well as entire proceeding of Case No. 58250 of 2016, arising out of the aforesaid case and order dated 30.4.2019, issuing non-bailable warrant against the applicant.
In substance, allegation made in the F.I.R. is that motorcycle bearing Registration no. UP-78 CL 9409, belonging to the informant has been stolen from the marriage hall Armapur Estate. After recovery of the motorcycle, charge sheet has been submitted against the applicant and one co-accused, on which cognizance has been taken. Thus, there was sufficient material on the case diary for taking cognizance and the proceeding of Case No. 58205 of 2016, arising out of Case Crime No. 44 of 2015, u/s 379, 411 I.P.C., is not liable to be quashed.
However, it is observed that in case the applicant surrenders before the court below within one month from today and applies for bail, the same 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., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
For a period of one month from today, order dated 30.4.2019 shall be kept in abeyance.
With the aforesaid observations, the application stands disposed of. Order Date :- 29.5.2019 Jaideep/-