Allahabad High Court
Indrajeet vs State Of U.P. And Another on 12 March, 2021
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- APPLICATION U/S 482 No. - 4930 of 2021 Applicant :- Indrajeet Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard Sri Awadhesh Kumar Yadav, learned counsel for the applicant, Sri Vivek Rastogi, learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceedings of Complaint Case No. 1311 of 2019 (Van Vibhag vs. Suresh and others), arising out of Range Case No. 92/2017-18, under Section 26 Indian Forest Act, 1927, P.S. Pharenda, District Maharajganj pending in the court of Judicial Magistrate, Pharenda, Maharajganj as well as summoning order dated 14.06.2019 passed by Judicial Magistrate, Pharenda, Maharajganj.
Learned counsel for the applicants, after making submissions to some extent, has fairly submitted that necessary grounds for invoking the inherent powers of this Court under Section 482 Cr.P.C. have not been made out in the facts of the present case. Accordingly, he does not wish to press the principal prayer, as made in the application.
In view of the above, the relief as sought in the instant application, is refused.
At this stage, counsel for the applicant makes a submission that the applicant is ready to submit to the jurisdiction of the concerned court, seek bail and accept all the conditions which this Court may deem fit to impose upon them. The only prayer made by learned counsel for the applicant is for expeditious disposal of their bail application.
Considering the aforesaid alternative prayer made by learned counsel for the applicant, it is provided that in case the applicant appear and surrender before the court below within 30 days from today and apply for bail, the bail application of the applicant shall be considered and decided by the concerned Court taking into view the settled legal position in this regard.
For a period of 30 days from today or till appearance of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against the applicant.
However, in case, the applicant do not appear before the Court below within the aforesaid period, coercive action shall be taken against the applicant.
It is made clear that no application seeking extension of time shall be entertained if this order is not complied with within the aforesaid period.
With the aforesaid observations and directions, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 12.3.2021 C. MANI