Court No. - 53
Case :- APPLICATION U/S 482 No. - 17395 of 2018 Applicant :- Vikash Singh @ Gulley Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and the learned AGA for the State.
This is an application has been filed with a prayer to quash the N.B.W. 28.03.2018 issued by Sessions Judge, Jaunpur in Case Crime No. 21/2018, under Sections 8/20 of N.D.P.S. Act, P.S. Sujanganj, District Jaunpur pending in the court of Sessions Judge, Jaunpur.
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 :- 29.5.2018/Imroz