Srikrishna @ Renu vs State Of U.P. And Another
2018 Latest Caselaw 298 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 15097 of 2018
 
Applicant :- Srikrishna @ Renu
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Akhilendra Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble J.J. Munir,J.

Heard learned counsel for the applicant and the learned AGA for the State.

This application has been filed under Section 482 Cr.P.C. seeking to quash the arrest warrant dated 05.02.2018 issued by the learned Additional Chief Judicial Magistrate, Firozabad in Case Crime No.1042 of 2017, under Sections 452, 307 IPC, PS Narkhi, District Firozabad.

It has been submitted that lapse has occurred because of non-communication and lack of awareness on the applicant's part about the pendency of these criminal proceedings. He has upon coming to know of the pendency of the criminal case all intention to submit to the process of law and prays that he may be granted indulgence to surrender and seek bail within a stipulated period of time.

Considering the aforesaid facts and circumstances, it is directed that if the applicant appears and surrenders before the court below within 45 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 45 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.

With the aforesaid directions, this writ petition is finally disposed of.

Order Date :- 1.5.2018

Shahroz