Mohan Singh vs State Of U.P. And Another
2014 Latest Caselaw 6347 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 38350 of 2014
 

 
Applicant :- Mohan Singh
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Arvind Kuamr Kushwaha
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Vipin Sinha,J.

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

The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 2013 of 2009 arising out of case crime no. 291 of 2008, under Sections 409, 420, 467, 468, 470, 471, 120B IPC, P.S. Raipur, District Sonbhadra.

After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.

However, it is directed that in case applicant appears and surrenders before the courts below within 30 days 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 30 days from today or till the applicant surrenders and applies for bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the courts below within the aforesaid period, coercive action shall be taken against him.

With the aforesaid direction, the application is disposed off finally.

Order Date :- 11.9.2014

Sandeep