Allahabad High Court
Shri Sandeep Gupta vs State Of U.P. And Another on 18 November, 2019
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- APPLICATION U/S 482 No. - 41412 of 2019 Applicant :- Shri Sandeep Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Prakash Mathur Counsel for Opposite Party :- G.A.,Dhananjay Awasthi Hon'ble Rajiv Gupta,J.
Heard Shri Anil Prakash Mathur, learned counsel for the applicant, learned A.G.A. for the State, Shri Dhananjay Awasthi, learned counsel for Opposite Party No.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the entire proceedings of Criminal Complaint Case No.1293/9 of 2016 (Union of India through Assistant Commissioner, Central Excise Division-II, Ministry of Finance, Department of Revenue Vs. Shri Sandeep Gupta), under Sections 9 & 9AA of Central Excise Act and Sections 420 & 467 of I.P.C., P.S. Division-II, Ghaziabad, District Ghaziabad, pending in the court of Special Chief Judicial Magistrate, Meerut.
After some arguments, learned counsel for the applicant has made a statement at the Bar that he does not want to press the other prayers made in the memo of application and only prayed that on his appearance before the court below and on making an application for bail, his prayer for bail be considered and disposed of as expeditiously as possible. In view of the law laid down in Lal Kamlendra Pratap Singh's case.
Learned counsel for the Opposite Party No.2 states that he has no objection, if the bail application of applicant is disposed of in view of law laid down by the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
In view of the above, it is directed that if the applicant appears and surrenders before the court below within thirty days from today and applies for bail, his prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of thirty days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application under Section 482 CrPC is finally disposed of.
Order Date :- 18.11.2019 Zafar