The applicant withdrew the prayer to quash proceedings. The court directed that his bail application would be decided if he surrenders within 30 days. No coercive action was taken during this period.
Applicant granted 30 days to surrender for bail; no coercive action during this period.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 45979 of 2019
Applicant :- Vijay Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chandra Dwivedi,Bhanu Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsels for the applicant and the learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing non-bailable warrant dated 02.08.2019 issued by Additional Chief Judicial Magistrate, Allahabad in Case No. 996 of 2012 in Case Crime No.223 of 2011 under Sections 279, 337 and 304-A I.P.C., Police Station Shiv Kuti, District Allahabad.
At the very out-set learned counsel appearing on behalf of the applicant submits that he does not want to press the principal prayers seeking quashing of the charge sheet and the entire proceedings as have been made in the application nor is inclined to press the prayer seeking stay of the proceedings. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicant is that the hearing of the bail application may be done on the same day.
In view of the submission made by the learned counsel for the applicant, the application so far as it relates to seeking quashing of the charge sheet and the entire proceeding and so far as it relates to seeking stay of the proceeding, stands dismissed.
However, it is directed that if the applicant appears and surrenders before the court below within 30 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.
For a period of 30 days from today, no coercive action shall be taken against the applicant. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 18.12.2019 MN/-
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶9
2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶9
2009 (3) ADJ 322 (SC)
Vijay Kumar Sharma
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
