Karmvir Singh And Another vs State Of U.P. And Another
2019 Latest Caselaw 1414 ALL

Citation : 2019 Latest Caselaw 1414 ALL
Judgement Date : 15 March, 2019

Allahabad High Court

Karmvir Singh And Another vs State Of U.P. And Another on 15 March, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 9816 of 2019
 

 
Applicant :- Karmvir Singh And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Anoop Trivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under section 482 Cr.P.C. has been filed for quashing the order dated 25.8.2017 passed in Case No. 687 of 2017 arising out of Case Crime No. 476 of 2016 under section 147, 148, 149, 452, 323, 504, 506 and 336 IPC, P.S. Tappal, District Aligarh pending in the court of A.C.J.M. Court No. 6, Aligarh.

Learned counsel for the applicants contended that the reasons on account of which the applicants failed to appear before the trial court were beyond their control and the applicants have every intention to appear before the court concerned and participate in the proceedings of the trial.

Considering the facts and circumstances of the case, I do not find any ground to quash the order dated 25.8.2017. Accordingly, the prayer for quashing the same is hereby refused.

However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their 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 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 applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 15.3.2019

Masarrat