HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 30023 of 2015 Applicant :- Vineeta Tiwari And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- S.K. Tripathi Counsel for Opposite Party :- Govt.Advocate Hon'ble Ramesh Sinha,J.
Heard Sri S.K. Tripathi, learned counsel for the applicants, and Sri Vikash Rana, learned A.G.A. appearing for the State, and perused the record.
This application under Section 482 Cr.P.C. has been filed for setting-aside the order dated 28.08.2015, passed by the Additional Sessions Judge, Court No.1, Chandauli, related to Criminal Revision No.130 of 2010, by which the learned Additional Sessions Judge has dismissed the revision as well as order dated 28.08.2009 passed by the Chief Judicial Magistrate, Chandauli, arising out of Case No. 1471 of 2005, under Sections 186, 189, 353, 336, 337, 308, 504, 506 IPC, Police Station Mughalsarai, District Chandauli, and further prayed for direction to the court below to discharge the applicants from Section 308 IPC, and further prayed for stay the operation of the order dated 28.08.2015 as well as order date 28.09.2009.
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 30 days from today and applies for bail, their 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 30 days 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 :- 7.10.2015 VKG