HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 28927 of 2015 Applicant :- Rakesh Kumar Srivastava Opposite Party :- State Of U.P. And Another Counsel for Applicant :- D.B. Yadav Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Heard Sri D. B. Yadav, learned counsel for the applicant, 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 quashing the case no. 4941 of 2012, in respect of applicant, arising out of Case Crime No. 734 of 2012, under Sections 419, 420 IPC, Polide Station Kotwali, Mau, District Mau. He further prayed for stay of further proceeding of the said case, as well as non-bailable-warrant dated 28.08.2014 issued against the applicant by the Chief Judicial Magistrate, Mau.
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.
The court below to decide aforesaid case in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order, if there is no legal impediment.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 24.9.2015 VKG