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2015 DIGILAW 1499 (ALL)

Suresh Kumar Kapur v. State of U. P Thru S. S. P Balrampur

2015-06-05

MAHENDRA DAYAL

body2015
JUDGMENT Mahendra Dayal, J. Heard learned counsel for the applicant and learned AGA, who has accepted notice on behalf of the State. 2. By means of this application under Section 482 CrPC, the applicant has prayed for quashing of the proceedings of Complaint Case No.259/2K/14 pending in the Court of Judicial Magistrate-II, Balrampur as well as the order dated 24.04.2015, whereby non-bailable warrant of arrest has been issued against the applicant. 3. After some arguments, learned counsel for the applicant submits that the applicant is ready to surrender before the court below and apply for bail but a direction be issued to the learned court below to consider and dispose of his bail application expeditiously according to law laid down by the Hon'ble Apex Court to which learned AGA has no objection, However, he raised a preliminary objection that this application under Section 482 CrPC is not maintainable as the applicant has an alternative remedy to challenge the summoning order by way of filing revision before the learned Session Judge. 4. Having heard learned counsel for the parties and having considered the fact that the applicant is ready to surrender before the court below to seek bail, the application under Section 482 CrPC is finally disposed of with a direction that in case the applicant surrenders before the court below and applies for bail within a period of three weeks from today, his prayer for bail shall be considered and disposed of expeditiously in accordance with law laid down by Hon'ble the Supreme Court. For a period of three weeks, no coercive measures shall be taken against the applicant. 5. It is further provided that it will be open for the applicant to move an application for discharge at the appropriate stage of the proceedings to raise all those grounds, which have been raised in this application and in case such an application is moved, the same shall be heard and disposed of by passing a speaking and reasoned order as early as possible. With the aforesaid direction, the application is finally disposed of.