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2015 DIGILAW 1483 (ALL)

Chand @ Pillu v. State of U. P.

2015-06-02

VIVEK KUMAR BIRLA

body2015
JUDGMENT Vivek Kumar Birla, J. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the chargesheet in Criminal Case No.79 of 2014 (State Vs Rahees and others) arising out of case crime No.655 of 2013 under Section 392 IPC Police Station Hariparwat, District Agra pending before Special Judge D.A.A. Agra. 3. After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused. 4. However, it is directed that in case applicant appears and surrenders before the court below within 30 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. 5. For a period of 30 days from today or till the applicant surrenders and applies for 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 direction, the application is disposed off finally.