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2015 DIGILAW 1885 (ALL)

Rajendra @ Vijay v. State of U. P.

2015-07-13

RAMESH SINHA

body2015
JUDGMENT Ramesh Sinha, J. Heard Sri Suresh Kumar Verma, learned counsel for the applicant and Sri A.K. Saxena, learned A.G.A. 2. This application under Section 482 Cr.P.C. has been filed for quashing the order dated 02.09.2014 passed by the Special Chief Judicial Magistrate, Meerut in Criminal Case No. 1181 of 2015, State Vs. Rajendra @ Vijay, arising out of Case Crime No. 10 of 2013, under sections 379, 411 IPC, Police Station-G.R.P. Meerut, District-Meerut as well as entire proceedings of the aforesaid case. 3. So far as the prayer for quashing the impugned order and proceeding of the aforesaid case as well as non bailable warrant dated 02.09.2014, is concerned, after having very carefully examined, the submissions made by the learned counsel for the applicant and perused the material brought on record, I find that there is no justification for quashing the non bailable warrant issued against the applicant as well as the prosecution of the aforementioned case. The prayer to that extent is hereby refused. However, for a period of three weeks from today, non bailable warrant issued against the applicant shall be kept in abeyance. In the meanwhile, applicant may surrender before the court below and applies for bail. 4. In case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him. 5. It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above. With the aforesaid directions, this application is finally disposed of.