Dismissed

Rupendra Kumar v. State of U.P. and Anr.

Allahabad HC18 Jan 2019A482/1938/2019

Case brief

AI extract

What is this about?

This single-judge order dismissed an application under Section 482 Cr.P.C. seeking to quash notice under bond. The court refused to interfere, granted the applicant 15 days to surrender, and threatened coercive action for non-appearance.

What did the court decide?

Application dismissed; 15 days granted to surrender before the court; coercive action threatened if not surrendered.

Rupendra Kumar Vs State of U.P. and Anr. — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 25

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Case :- APPLICATION U/S 482 No. - 1938 of 2019

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Applicant :- Rupendra Kumar Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Munesh Kumar Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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The applicant, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the orders dated 15.2.2017, 10.8.2018 and 31.10.2018 passed by learned A.C.J.M., Court No. IV, Agra, in Complaint Case No. 380 of 2010, Deepchandra Vs. Rupendra, u/s 420 I.P.C., P.S. Shahganj, District Agra, whereby NBW and proceedings u/s 82 and 82 Cr.P.C. have been issued against the applicant.

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Heard learned counsel for the applicant and learned A.G.A. representing the State. Perused the records.

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A perusal of the record shows that the applicant has successfully avoided to appear before the court concerned during the long span of time despite several orders passed by the court below.

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As the applicant became absent from the court proceedings, the court below has rightly issued NBW against him. There is no good ground to interfere in the order impugned issuing NBW against the applicant.

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The prayer for quashing the impugned orders is refused and the application is dismissed .

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However, the applicant is granted a time of 15 days from today to surrender before the court concerned.

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In case the applicant appears and surrenders before the court below within 15 days from today and applies 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 judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

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For the aforesaid period of 15 days, which shall not be extended any further, no coercive action shall be taken against the applicant. In case he fails to surrender within the aforesaid period, the court below shall take coercive measures against

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him.

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Order Date :- 18.1.2019

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Pcl

Rupendra Kumar v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Rupendra Kumar v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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