Ishrat Abbas @ Musa vs State Of U.P.
2015 Latest Caselaw 2673 ALL

Citation : 2015 Latest Caselaw 2673 ALL
Judgement Date : 24 September, 2015

Allahabad High Court

Ishrat Abbas @ Musa vs State Of U.P. on 24 September, 2015

Bench: Ramesh Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 28940 of 2015
 
Applicant :- Ishrat Abbas @ Musa
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Vinod Tripathi,Manoj Tripathi
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Vinod Tripathi, 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 order dated 31.08.2015, passed in Case No. 60/184 of 2012, under Sections 452, 323, 506, IPC, Police Station Incauli, District Meerut. He further prayed for stay the non-bailable-warrant dated 30.09.2015 issued against the applicant.

The learned counsel for the applicant is permitted to make necessary correction in prayer of the application.

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 :- 24.9.2015

VKG