HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 29368 of 2015 Applicant :- Vineet Kumar Gupta & Another Opposite Party :- State Of U.P. & Another Counsel for Applicant :- A.K.S. Bais Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Heard Sri A.K.S. Bais, learned counsel for the applicants, 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 impugned non-bailable-warrant order dated 11.05.2015, passed by the learned Additional Chief Judicial Magistrate, Court No.2, Budaun, in Case No. 2065 of 2012 (State Vs. Vineet Kumar and another), arising out of the Case Crime No. 370 of 2012, under Sections 420, 447 IPC and under Section 3 of the Public Property Damages Prevention Act, Police Station Wazeerganj, District Budaun. He further prayed for stay the operation of the impugned order dated 11.05.2015.
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 applicants 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 applicants shall be kept in abeyance.
However, in case, the applicants does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicants 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 :- 6.10.2015 VKG