HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 29953 of 2015 Applicant :- Sandeep Kumar Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ganesh Dutt Sharma Counsel for Opposite Party :- Govt.Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Ganesh Dutt Sharma, learned counsel for the applicant, and Sri Awadesh Saxena, learned A.G.A. appearing for the State, and perused the record.
By means of this application the applicant has prayed for quashing the non-bailable-warrant dated 21.08.2015, issued against the applicant by the Chief Judicial Magistrate, Etawah, in Case No. 705 of 2011 (State Vs. Sandeep Kumar), in Case Crime No. 98 of 2011, under Section 420, 467, 468, 471, IPC, Police Station Civil Lines, District Etawah, and further prayed for stay the further proceeding of the aforesaid case.
It appears that applicant has earlier has earlier approached this Court by means of filing the application under Section 482 Cr.P.C. No. 19311 of 2015, for quashing the proceeding of the aforesaid case, and this Court vide order dated 21.07.2015 has dismissed the same, hence the present non-bailable-warrant has been issued against the applicant. A photocopy of the order dated 21.07.2015 is produced by the learned counsel for the applicant, which is taken on record.
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 two weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.
For a period of two 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 :- 6.10.2015/VKG