Court No. - 53
Case :- APPLICATION U/S 482 No. - 33766 of 2018 Applicant :- Sirajuddin Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vishal Agarwal,Anshika Agarwal Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Pramod Dwivedi holding brief of Sri Vishal Agarwal, learned counsel for the applicant and Sri Nitin Kesharwani alongiwth Abhinav Tripathi, learned AGA for the State.
This application has been filed with a prayer to quash the N.B.W. 26.9.2011passed in Case No. 51 of 2001, arising out of Case Crime No. 49 of 2001, under SEctions 406, 420, 467, 468, 471 I.P.C., Police Station Sadabad, District Hathras, pending in the Court of Additional Chief Judicial Magistrate, Hathras.
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, no coercive action shall be taken against the applicant in the aforesaid case.
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, this application is finally disposed of.
Order Date :- 25.9.2018 BKM/-