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2016 DIGILAW 1200 (ALL)

Rajesh Mishra v. State of U. P.

2016-04-04

PRATYUSH KUMAR

body2016
JUDGMENT Pratyush Kumar,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 entire proceedings of Case No. 8055 of 2013 )State Vs. Rajesh Mishra), under sections 406, 419, 420, 504, 506 IPC, P.S. Kotwali Shahar, District-Mirzapur pending in the Court of Chief Judicial magistrate, Mirzapur. 3. Learned counsel for the petitioner submitted that the order dated 30.11.2015 issuing non bailable warrant has been challenged by way of instant petition. In the petition ground has been taken that the petitioner did not receive summons however it is admitted that the bailable warrant was served on the petitioner but due to service constraint he could not appear. 4. Perused the paper book there is no illegality in the order therefore order can not be quashed. However, during the argument it transpires that the petitioner had not get bailed out during the investigation stage. 5. 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. 6. However, it is directed that in case applicant appears and surrenders before the court below within 30 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. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. 7. 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 of finally.