Harish Kumar Yadav vs State Of U.P And Another
2021 Latest Caselaw 2306 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- APPLICATION U/S 482 No. - 3897 of 2021
 

 
Applicant :- Harish Kumar Yadav
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Sachin Kumar Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble J.J. Munir,J.

Heard Mr. Sachin Kumar Sharma, learned counsel for the applicant and Mr. S.S. Tiwari, learned A.G.A. appearing on behalf of the State.

The applicant has come up, seeking to quash the non-bailable warrant dated 16.07.2018, as well as proceedings initiated under Sections 82 and 83 Cr.P.C. dated 21.06.2019, and the subsequent order dated 07.02.2019, all passed in Case No. 3056 of 2019, State v. Harish Kumar Yadav (arising out of Case Crime No. 416 of 2007), under Sections 147, 148, 427, 395, 504, 506 I.P.C., Police Station - Suriyawa, District - Sant Ravi Das Nagar, Bhadohi. He has alternatively prayer that the courts below may be directed to consider his bail application on the same day.

What appears from the record is that the applicant had earlier challenged the proceedings of the case, seeking to quash the same through Application under Section 482 No. - 8354 of 2010. This application was heard and dismissed by judgment and order dated 17.04.2017.

Learned counsel for the applicant submits that he is in police service and was transferred out of Sant Ravidas Nagar/Bhadohi in the year 2016. He was not aware of the judgement and order passed by this Court or of the processes issued by the Chief Judicial Magistrate, Sant Ravidas Nagar, All that he seeks is, is the liberty to surrender before the Magistrate and apply for bail before the court competent.

In the opinion of this Court, the N.B.Ws. and the processes under Section 82 and 83 Cr.P.C. cannot be quashed. The prayer aforesaid is, accordingly, refused.

However, in case the applicant surrenders before the court below within 45 days from today and applies for bail, the same 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., 2004 (57) ALR 290 and affirmed by Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).

For a period of 45 days from today, no coercive action shall be taken against the applicant. However, in case, he does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

The application stands disposed of in terms of the orders aforesaid.

Order Date :- 12.2.2021

I. Batabyal