Court No. - 49
Case :- APPLICATION U/S 482 No. - 9962 of 2018
Applicant :- Subhash Yadav And Another
Opposite Party :- State Of Up And Anotehr
Counsel for Applicant :- Anil Kumar Mishra,Sanjay Pathak
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants, Sri Ramesh Kumar Singh, learned counsel appearing for the opposite party no. 2 and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned proceedings under Section 82 Cr.P.C. dated 19.02.2018 as well as NBW dated 18.12.2017 and charge sheet dated 31.05.2017 against the applicants in Case Crime No. 78 of 2017, under Sections- 419, 420, 406 & 506 IPC, Police Station- Jatahan Bazar, District- Kushinagar, pending before the Court of learned S.D./A.C.J.M./Civil Judge (J.M.), Kushinagar at Padrauna.
Learned counsel appearing for the opposite party no. 2 has raised a preliminary objection that earlier an application U/S 482 No. 22758 had been filed by the applicants, which was disposed of by order dated 08.08.2017 on the following terms:
"In view of above, the prayer for quashing the charge sheet as well as proceeding is hereby refused.
However, it is provided that if the applicants appear and surrender before the Court below within a period of 30 days from today and applies for bail, their prayer for bail may be considered and decided, expeditiously in view of law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004(57) ALR 290 approved by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009(3) ADJ 322 (SC).
For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, then interim protection given by this Court will stand discharged and the law will take its own course.
It is made clear that no further time shall be allowed to the applicants for surrender before the court concerned.
With the aforesaid directions, this application is disposed of."
It has been further submitted that the applicants have not complied with the terms of the aforesaid order. While, no disclosure has been made about the aforesaid facts, learned counsel for the applicant relied on the averments made in the paragraph 6A of the affidavit in support of the present application and submitted that the applicants could not appear before the court below on account of illness of his father.
In view of the matter that indulgence had been granted once on 08.08.2017 and sufficient time has elapsed, while the applicant did not make compliance of the aforesaid order and did not make disclosure about the order, the present application lacks merit.
The present application lacks merit and is accordingly dismissed.
Order Date :- 28.3.2018
A. Singh