The High Court allowed the applicant to surrender before the Special Judge by 12 November 2018 and directed no coercive measures during this period. The application citing Section 482 Cr.P.C. was disposed of after instructing the applicant to apply for bail.
Surrender by 12 November 2018 with no coercive measures; direction to apply for bail.
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Court No. - 26
Case :- APPLICATION U/S 482 No. - 34666 of 2018 Applicant :- Yogesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Mullick Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
By means of this application, the applicant has challenged the orders dated 31.05.2018 and 18.09.2018 passed by the Special Judge, SC/ ST Act, Meerut,by which non-bailable warrant has been issued against the applicant in Case No. 98 of 2018 (State v. Yogesh) under Sections 147, 323, 504, 204 I.P.C. and Section 3(2)(v) ka of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and supplementary under Sections 313, 354, 354 (ka), 332, 353 and 3(2)5 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station- Mawana, District- Meerut, pending in the court of Special Judge, SC/ ST Act, Meerut.
It is a matter of grave concern that even after the application under Section 482 Cr.P.C. bearing No. 19779 of 2018 was disposed of by this Court vide order dated 01.06.2018 directing the applicant to surrender before the court below and apply for bail to be considered in accordance with law by the court below and for the period of four weeks there was protection granted by this Court, the applicant avoided surrender.
Learned counsel for the applicant, however, states that given a last opportunity the applicant undertakes to surrender before the court below on or before 12th November, 2018. In case if he surrenders and applies for his bail, his bail application shall be considered by the court below and disposed of the same in the light of the principles laid down by the Full Bench of this Court in the case of Amrawati and another Vs. State of U.P. reported in 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.
Till 12th November, 2018, no coercive measures shall be taken against the applicant in the aforesaid proceedings.
This application, accordingly, stands disposed of.
Order Date :- 5.10.2018 Atmesh
2 issues framed by the court
Whether to grant protection from coercive measures and direct surrender for an applicant who failed to comply with a previous directive.
Whether to dispose of an application challenging non-bailable warrants under Sections 147, 323, 504 IPC and sections of the SC/ST (Prevention of Atrocities) Act.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶6
Amrawati and another Vs. State of U.P. 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶6
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
5 provisions across 3 enactments
Yogesh Kumar
State Of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
