Hem Singh And 2 Ors. vs State Of U.P. And Anr.
2015 Latest Caselaw 2976 ALL

Citation : 2015 Latest Caselaw 2976 ALL
Judgement Date : 7 October, 2015

Allahabad High Court

Hem Singh And 2 Ors. vs State Of U.P. And Anr. on 7 October, 2015

Bench: Ramesh Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 30031 of 2015
 
Applicant :- Hem Singh And 2 Ors.
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- R.P.S. Kashyap
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri R.P.S. Kashyap, 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 non-bailable-warrant issued against the applicants dated 07.09.2015, passed by the learned Chief Judicial Magistrate, Kasganj, in Criminal Case No. 5742 of 2013 (State Vs. Hem Singh and others), in Case Crime No. 177 of 2013, under Sections 384, IPC, Police Station Ganj Dundwara, District Kasganj, and further prayed for stay the further proceedings 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 applicants 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 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