Court No. - 53
Case :- APPLICATION U/S 482 No. - 28799 of 2018 Applicant :- Shivrajveer Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Anand Pati Tiwari 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 order issuing non-bailable warrants against the applicant dated 06.06.2018 passed by the Additional Chief Judicial Magistrate, District Auraiya in Case no.1686 of 2015, State vs. Shivrajveer Singh (arising out of Case Crime no.137 of 2014), under Sections 452, 323, 504 IPC, Police Station Achhalda, District Auraiya.
It has been submitted that lapse has occurred because of non- communication and lack of awareness on the applicant's part about the pendency of these criminal proceedings. He has upon coming to know of the pendency of the criminal case all intention to submit to the process of law and prays that he may be granted indulgence to surrender and seek bail within stipulated period of time.
Prayer for quashing the N.B.W. is refused.
Considering the aforesaid facts and circumstances, it is directed that if the applicant appears and 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 :- 21.8.2018 Anoop