Ram Awadh And Anr. vs State Of U.P. And Anr.
2015 Latest Caselaw 2971 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 30025 of 2015
 
Applicant :- Ram Awadh And Anr.
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Sunil Kumar Maurya
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Sunil Kumar Maurya, learned counsel for the applicants and Sri R. K. Maurya, 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 further proceeding of Case No. 544 of 2013 (State Vs. Lalta Prasad and others), arising out of Case Crime No. C-990 of 2012, under Sections 419, 420, 120-B IPC, Police Station Kotwali, District Jaunpur and also prayed for quashing the order dated 25.06.2015 passed by the Chief Judicial Magistrate, Jaunpur and order dated 01.09.2015 passed by the Sessions Judge, Jaunpur in Criminal Revision No. 243 of 2015 (Sita Devi and another Vs. State of U.P.) in the aforesaid case. He further prayed for stay the proceeding of the impugned orders as well as 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 am of the view that the impugned order is based upon relevant considerations and supported by cogent reasons, the same does not suffer from any irregularity, illegality or jurisdictional error, hence, no interference is required by this Court. The prayer for quashing the impugned order is hereby refused. 

However, it is directed that in case the applicants appears and surrender before the court 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, non-bailable-warrant issued against the applicants shall be kept in abeyance.

However, in case, the applicants does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

It is made clear that the applicants 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 :- 7.10.2015

VKG