Noor Hasan vs The State Of U.P And Anr.
2013 Latest Caselaw 1996 ALL

Citation : 2013 Latest Caselaw 1996 ALL
Judgement Date : 13 May, 2013

Allahabad High Court

Noor Hasan vs The State Of U.P And Anr. on 13 May, 2013

Bench: Surendra Vikram Rathore




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- U/S 482/378/407 No. - 2228 of 2013
 

 
Petitioner :- Noor Hasan
 
Respondent :- The State Of U.P And Anr.
 
Petitioner Counsel :- R.K Saini
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Surendra Vikram Singh Rathore,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the summoning order dated 14.5.2008, passed by the learned Chief Judicial Magistrate, Balrampur in Case No. 1044 of 2008, arising out of case crime no. C-9 of 2008, under Sections 323, 504 & 506 IPC, & 3 (1)(x) of the SC/ST Act, Police Station Utraula, District Balrampur as well as non bailable warrant dated 21.2.2013 issued by the court below.

After arguing at some length, learned counsel for the applicant submits that the applicant want to surrender before the court below and he confines his prayer only to the extent that necessary direction may be issued to the court below for expeditious disposal of bail.

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

The prayer being innocuous in nature is accepted.

The petition lacks merit and is accordingly dismissed.

However, it is provided that if the applicant 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 the Full Bench of this Court in the case of Amrawati & Anr Vs. State of U.P. reported in [2004 (57) ALR 290] as affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)].

Till the period of one month no coercive measure shall be taken against the applicant. It is made clear that no further time shall be granted to the applicant to surrender before the court below.

Order Date :- 13.5.2013

Virendra