Court No. - 53
Case :- APPLICATION U/S 482 No. - 29029 of 2018 Applicant :- Shiv Pratap Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lalit Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is an application under Section 482 Cr.P.C. seeking to quash the non-bailable warrant dated 04.07.2018 passed by the Chief Judicial Magistrate, Farrukhabad in Case no.3894 of 2005, State vs. Maya Prakash and others (arising out of Case Crime no.565C of 2055), under Sections 420, 467, 468, 471 IPC, Police Station Kotwali Fatehgarh, District Farrukhabad.
Charge sheet has been filed against the applicant and the applicant is not on bail. Non-bailable warrants have been issued on 04.07.2018. The applicant has come up with a prayer to quash the non-bailable warrants of arrest.
Looking to the fact that non-bailable warrants of arrest are a process and nothing more, which has not been challenged on any substantive ground. The prayer as made cannot be granted.
The prayer for quashing the non-bailable warrants dated 04.07.2018 is, therefore, refused.
However, in case the applicant appears or surrenders before the court below within 45 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 Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till the applicant surrenders 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, the application is finally disposed of.
Order Date :- 23.8.2018/Anoop