Gabbar @ Atish Chandra Pandey And 2 ... vs State Of U.P. And Anr.
2015 Latest Caselaw 2988 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 30046 of 2015
 
Applicant :- Gabbar @ Atish Chandra Pandey And 2 Ors.
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Anand Kumar Srivastava
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Anand Kumar Srivastava, 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 18.05.2015, under Sections 323, 504, 506, 380 IPC, arising out of Case Crime No. CC-8 of 2005, Police Station Harraiya, District Basti, pending before the Judicial Magistrate-I, Basti, as Case No. 3238 of 2006, and further prayed for stay the proceeding of the aforesaid case and no coercive action shall be taken against the applicants in pursuance of the impugned order.

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