Applicant requested quashment of proceedings but chose to move bail instead. Court allowed applicant 30 days to seek bail without coercive action, referencing specific guidelines.
30-day moratorium on coercive action pending bail application.
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Court No. - 15
Case :- APPLICATION U/S 482 No. - 4502 of 2018
Applicant :- Amit Kumar Bajpei Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rama Pati Tripathi
Counsel for Opposite Party :- A.G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. in opposition.
This application under Section 482 Cr.P.C. has been filed for quashment of the entire proceedings of Criminal Case No. 29881 of 2017 ( State Vs. Amit Kumar Bajpei) arising out of Crime No. 364 of 2015, under sections 420, 198 and 193 I.P.C. Police Station Kotwali district Kanpur Nagar, pending in the Court of A.C.M.M. First, Kanpur Nagar, and also summoning order daed 31.7.2017.
At the very outset, learned counsel for the applicant wish to move bail application before the trial court and relinquish the prayer for quashment.
Learned AGA has no objection.
Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within 30 days from
today and move application for bail, the same shall be considered and disposed of in terms of the guidelines / observations given in the judgment and order dated 3.7.2014 passed by this Court in Application U/S 482 Cr.P.C. No. 21679 of 2014-Munawwar and 9 others Vs. State of U.P. and another .
For a period of thirty days from today, no coercive action shall be taken against the applicant.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 12.2.2018
Iss/
Colour shows how this judgement treated each authority
Munawwar and 9 others Vs. State of U.P. and anotherReferred¶10
Application U/S 482 Cr.P.C. No. 21679 of 2014-Munawwar and 9 others Vs. State of U.P. and another
Amit Kumar Bajpei
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
