Shashi Kant Garg vs State Of U.P. And Another
2017 Latest Caselaw 3143 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 23
 

 
Case :- APPLICATION U/S 482 No. - 22914 of 2017
 

 
Applicant :- Shashi Kant Garg
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Tapan Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vinod Kumar Misra,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

Applicant has preferred this application u/s 482 Cr.P.C. for quashing the order dated 19.5.2017 and the entire proceedings of case no.2304 of 2016, State vs. Shashi Kant Garg and others, u/s 380, 453, 454, 465, 467, 471 IPC, P.S.Kotwali, District Ghaziabad, pending in the court of A.C.J.M.-I,Ghaziabad.

From the perusal of material available on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicant. So, present application u/s 482 Cr.P.C. is misconceived one and is liable to be dismissed. Consequently, application u/s 482 Cr.P.C. is dismissed. 

However, if the applicant surrenders and prefers bail application before the court concerned within 30 days from today, his bail application shall be considered expeditiously in view of the case-law laid down by this Court in Amrawati and another Vs. State of U.P. 2004 (57) ALR 290, which has been approved by Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC) in letter and spirit.

For a period of 30 days from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

Order Date :- 9.8.2017

m.a.