Court No. - 53
Case :- APPLICATION U/S 482 No. - 28902 of 2018 Applicant :- Tillu @ Avesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This is an application under Section 482 Cr.P.C. seeking to quash the entire proceeding of S.S.T. no.56 of 2016, State vs. Verma Rajpoot and others (arising out of Case Crime no.389 of 2015), under Sections 420, 399, 401, 307, 468 IPC, Police Station Bilhaur, District Kanpur Nagar, pending in the court of Special Judge (Dacoity Affected Areas), Kanpur Dehar and also to stay the effect and operation of the order issuing non- bailable warrants dated 25.05.2018 issued in the said case.
Learned counsel for the applicant states that the applicant was on bail but could not reach the court on 25.05.2018 and in consequence non-bailable warrants have been issued. It is submitted that the lapse has occurred on account of factors beyond the applicant's control and he is a law abiding citizen who wishes to submit to the process of law, surrender and seek bail afresh.
Prayer for quashing the order issuing N.B.W. is refused.
Considering the aforesaid facts and circumstances, particular, the fact that the applicant was on bail, 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