Ashish Patel Vs State of U.P. and Another

Court No. - 55

Case :- APPLICATION U/S 482 No. - 267 of 2020

Applicant :- Ashish Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Pradeep Kumar Srivastava,J.

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Heard Sri Mayank Srivastava holding brief of Sri Dhirendra Kumar Srivastava, learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the impugned order dated 10.10.2019 passed by Chief Judicial Magistrate, Chandauli in Criminal Case No.2163 of 2011, arising out of Case Crime No.119 of 2011, under Sections 392, 411 IPC, Police Station Kotwali Chandauli, District Chandauli, pending in the Court of Chief Judicial Magistrate, Chandauli, by which the learned trial court has issued non-bailable-warrant against the applicant.

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The submission of learned counsel for the applicant is that the whole case is based on false allegations, he was appeared before the court below till 24.6.2016 and, thereafter, he could not appear on account of misinformation and miss-impression as his counsel did not move exemption application.

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In view of the submission made by learned counsel for the applicant, I find no force in the request of quashing of the NBW, the present application lacks merits, hence, dismissed with the observation that in case applicant appears before the learned court below within 30 days from today and applies for bail, the learned trial court shall dispose of his bail application expeditiously preferably on the same day, in accordance with law.

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For a period of 30 days, no coercive measure shall be taken against the applicant in the aforesaid case but this protection shall not be extended in any case.

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Order Date :- 7.1.2020

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Ashish Patel v. State of U.P. and Another

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Ashish Patel v. State of U.P. and Another

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