Allahabad High Court
Deep Yadav @ Deepak Kumar vs State Of U.P. And Anr on 18 July, 2019
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 28 Case :- APPLICATION U/S 482 No. - 27469 of 2019 Applicant :- Deep Yadav @ Deepak Kumar Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Pranesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Sri P.K. Mishra, learned counsel the applicant and thelearned A.G.A. for the State and perused the record The present 482 Cr.P.C. petition has been filed for quashing the Charge Sheet dated 8.12.1993 as well as summoning order dated 17.12.1993 and non bailable warrant dated 3.8.2001 passed by Judicial Magistrate, Mohammadabad, Ghazipur and N.B.W. dated 21.11.2018 as well as NBW/82 Cr.P.C. dated 5.2.2019 passed by Special Judge, M.P./M.L.A., Allahabad in Criminal Case No.3788 of 2006, arising out of Case Crime No.356 of 1993, under sections 143, 188, 353, 283 I.P.C. & Section 7 Criminal Law Amendment Act, P.S. Mohammadabad, District Ghazipur and further for quashing the entire proceedings of the aforesaid case pending in the Court of Special Judge, M.P./M.L.A., Allahabad After having heard the learned counsel for the parties present and perused the impugned orders as well as the material brought on record, I am of the view that the impugned orders are based upon relevant considerations and supported by cogent reasons, hence requires no interference by this Court. The prayer for quashing the same is hereby refused.
However, it is directed that in case 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, non-bailable warrants issued against the applicant shall be kept in abeyance.
In case, the applicant does not appears before the Court below within the aforesaid period, trial Court is free to take coercive action against him.
It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid observations, the application stands disposed of.
Order Date :- 18.7.2019 HSM