HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 29574 of 2015 Applicant :- Irfan Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd Khalil Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Mohd Khalil, learned counsel for the applicant, and Sri Ripusudan Yadav, learned A.G.A. appearing for the State, and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 07.05.2015, passed by the Additional Chief Judicial Magistrate, Court No.5, Meerut, in Case Crime No. 1025 of 2012, under Sections 406 and 506 IPC, Police Station Kankarkheda, District Meerut. He further prayed for stay the execution of the non-bailable-warrant.
After having heard the learned counsel for the parties present and perused the impugned order as well as the material brought on record, I do not find any justification for quashing the impugned order passed in the aforesaid case. The prayer for quashing the same is hereby refused.
However, it is directed that in case the applicant appears and surrender before the court below within three weeks 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 three weeks from today, non-bailable-warrant issued against the applicant shall be kept in abeyance.
However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 1.10.2015 VKG