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2015 DIGILAW 2209 (ALL)

Mukesh Singh @ Dabbu Singh v. State of U. P.

2015-07-31

SUNEET KUMAR

body2015
JUDGMENT Suneet Kumar, J. Ref: C.M. Recall/Correction Application No. 252716 of 2015. Heard the learned counsel for the applicant. 2. The applicant has filed an application for recall/correction of the order dated 27 July 2015. 3. It is contended that the applicant is facing trial in 15 criminal cases pending before the Chief Judicial Magistrate, Jaunpur, therefore, the order recording that the petitioner is absconding and not appearing in the case pending in Jaunpur is incorrect. 4. Considering the facts and circumstances of the case, the order dated 27 July 2015 dismissing the application is recalled. 5. Accordingly, the application stands allowed. 6. Having due regard to the facts and circumstances of the case, the order dated 27 July 2015 is replaced by the following order : "Heard learned counsel for the applicants and the learned A.G.A. The applicant has approached this Court against the order dated 02.06.2015 passed by the learned Chief Judicial Magistrate, Jaunpur in Case No. 879 of 2014 arising out of Case Crime No. 1270 of 2013 (State of U.P. Versus Mukesh Singh and others) under Sections 379, 411, 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali, District Jaunpur, wherein, the proceedings under Sections 82 and 83 Cr.P.C. have been initiated. The prayer for quashing the impugned order as well as proceedings of the aforesaid case is refused. However, it is provided that in case the applicant appears and surrenders before the court below within 15 days from today and apply 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.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 15 days from today, 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 directions, this application is finally disposed of."