Amit Srivastava vs The State Of U.P And Anr.
2013 Latest Caselaw 7578 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 

 
Case :- U/S 482/378/407 No. - 7084 of 2013
 

 
Applicant :- Amit Srivastava
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Arunendra Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Sudhir Kumar Saxena,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

This petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing further proceedings of Criminal Case No.923 of 2013 (State Versus Amit Srivastava), arising out of Case Crime No.4 of 2011 under Sections 406 & 506 I.P.c. and also for quashing of operation and implementation of impugned bailable warrant dated 5.7.20133 issued by J.M.-I, Lucknow.

I have very carefully examined the submissions advanced by the learned counsel for the petitioner and gone through the record.

The bailable order has been passed after due enquiry which is based on relevant materials. It can be quashed only on limited ground which are absolutely lacking in the instant case, as such, no interference is required to quash the impugned proceedings under Section 482 Cr.P.C..

The petition lacks merit and is accordingly dismissed.

However, it is provided that if the petitioner surrenders before the courts below within one month from today and applies for bail, his prayer for bail shall be considered and decided by the courts below in view of the settled law laid down by Hon'ble Apex Court in the case reported in 2009 (3) ADJ 322 (SC) (Lal Kamlendra Pratap Singh Vs. State of U.P.).

Till the aforesaid period or disposal of the bail application, whichever is earlier, no coercive measure shall be taken against the petitioner.

Order Date :- 20.12.2013

GK Sinha