Abdul Latif Alias Sipahi vs State Of U.P. And Anr.
2015 Latest Caselaw 2936 ALL

Citation : 2015 Latest Caselaw 2936 ALL
Judgement Date : 6 October, 2015

Allahabad High Court

Abdul Latif Alias Sipahi vs State Of U.P. And Anr. on 6 October, 2015

Bench: Ramesh Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 29955 of 2015
 
Applicant :- Abdul Latif Alias Sipahi
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- R.S. Yadav,Gyanendra Prakash Srivast
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri R.S. 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 entire criminal proceedings as well as non-bailable-warrant dated 19.09.2015, passed by the learned Chief Judicial Magistrate, Mau, in Case No. 5241 of 2012(State Vs. Abdul Latif alias Sipahi), arising out of Case Crime No. 142 of 2012, under Section 406 IPC, Police Station Kotwali, District Mau, pending in the Court of Chief Judicial Magistrate, Mau, and further prayed for stay the further proceeding of the aforesaid case.

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.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 6.10.2015

VKG