Court No. - 52
Case :- APPLICATION U/S 482 No. - 19680 of 2020 Applicant :- Shyam Babu Pushkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and the learned 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 as well as the entire proceedings of Criminal Case No.37/639 of 2020 arising out of Case Crime No.214 of 2017 (State Vs. Ansho Devi and others) under Sections 409, 420, 120-B IPC and Section 13 (1) C, D read with Section 13 (2) of the Prevention of Corruption Act, 1988, Police Station Hariparwat, District Agra pending in the court of Special Judge, Anti Corruption Act, Meerut as well as non-bailable warrant issued by the Special Judge, Anti Corruption Act, Meerut. Further prayer has been made to stay the proceedings of the aforesaid case.
It is submitted by the learned counsel of the applicant that the applicant was on anticipatory bail. Charge-sheet was submitted. Court concerned took cognizance on 17.9.2020 and on the same day, non-bailable warrant was issued against the applicant. No prima facie case is made out. Applicant intends to surrender before the court concerned, therefore, some protection may be granted to him to surrender before the court concerned.
Learned A.G.A. appearing for the State opposed the prayer.
Having regard to the facts and circumstances of the case, after perusing the material brought on record and having considered the submissions made by the learned counsel for the parties, the prayer made in the application is refused.
However, the application is disposed of with a direction to the applicant to surrender before the court below within 20 days from today and apply for bail, which shall be considered and decided in view of the settled law. For a period of 20 days from today, effect and operation of non-bailable warrant issued against the applicant shall be kept in abeyance.
In case of default, the Court below will be at liberty to take all coercive steps against the applicant for ensuring his appearance.
With the aforesaid observations, the application is disposed of.
Order Date :- 5.1.2021 ss