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2016 DIGILAW 795 (ALL)

Pappoo v. State of U. P.

2016-03-03

OM PRAKASH VII

body2016
JUDGMENT Om Prakash-VII,J. The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer for quashing the entire proceedings of the complaint case no. 5728 of 2015, under Sections 420, 406 IPC, Police Station Soron, District Kasganj pending in the court of Chief Judicial Magistrate, Kasganj Further prayer has been made to quash/stay the proceedings of the aforesaid complaint case. 2. Heard learned counsel for the applicant and the learned A.G.A appearing for the State. 3. A perusal of the record reveals that the summoning order was passed after recording the statement under Sections 200 and 202 Cr.P.C. of the complainant as well as the witnesses. Non-bailable warrant was issued when the applicant did not appear before the court concerned despite service of summon. Issuance of non-bailable warrant is within the jurisdiction of the court concerned. 4. Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused. 5. However, it is observed that in case the applicant surrenders and applies for bail within fifteen days from today, the same shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 and affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (3) ADJ 322 (SC). For a period of fifteen days from today, no coercive action shall be taken against the applicant. 6. It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned. 7. With the above observations, the application stands disposed of.