Ali Husain Alias Jhinna vs State Of U.P. And Anr.
2015 Latest Caselaw 2944 ALL

Citation : 2015 Latest Caselaw 2944 ALL
Judgement Date : 6 October, 2015

Allahabad High Court

Ali Husain Alias Jhinna 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. - 29939 of 2015
 
Applicant :- Ali Husain Alias Jhinna
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Shailesh Srivastava
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Shailesh Srivastava, learned counsel for the applicant, and Sri Ripusudan Yadav, 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 non-bailable-warrant order dated 11.08.2005, passed by the Additional Chief Judicial Magistrate, First, Basti, in Case No. 554 of 2014(State Vs. Gayasuddin and others), under Sections 308, 323, 504, 506, IPC, arising out of Case Crime No. 312 of 2013, Police Station Rudhauli, District Basti, pending in the Court of Additional Chief Judicial Magistrate, First Basti.

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 two 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 two 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