Court No. - 53
Case :- APPLICATION U/S 482 No. - 34579 of 2018 Applicant :- Vipin Yadav Opposite Party :- State Of Up And Another Counsel for Applicant :- Bal Krishna Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Bal Krishna Pandey, learned counsel for the applicant and Sri D.P.S. Chauhan, learned AGA for the State.
This application has been filed with a prayer to quash the order dated 16.12.2015 passed in Case No. 8625 of 2012 'State vs. Bhim Yadav and another', (arising out of Case Crime No. 151 of 2012) under Sections 323, 324, 452, 504, 506, 427 IPC P.S.
Panki, District Kanpur Nagar, pending in the court of learned Chief Metropolitan Magistrate, Kanpur Nagar.
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 further submits that he is a law abiding citizen and prays that he may be granted indulgence to surrender and seek bail within a stipulated period of time.
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 Apex 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 :- 27.9.2018 Deepak