Dharmendra Kumar Pandey vs State of U.P. and Others

Hon''ble Bala Krishna Narayana, J.—Heard Learned Counsel the applicant and learned A.G.A. The present 482 Cr.P.C. petition has been filed for quashing the order dated 5.1.2012 passed by learned Chief Judicial Magistrate, Allahabad in Case Crime No. 359 of 2011, u/s 302, 201, 394, 411 I.P.C., Police Station Nawabganj, District Allahabad, whereby non-bailable warrant has been issued against the applicant.

Learned counsel for the applicant has challenged the impugned order on several grounds.

After having heard the submissions made by Learned Counsel for the applicant and perused the materials brought on record, it appears that till date the applicant has not responded to the summons and bailable warrant issued by the court below and he has not surrendered before the Court below and applied for bail.

In this view of the matter, no interference is required with the impugned order.

However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, then his prayer for bail shall be considered in view of the settled law laid by the Seven Judges'' decision of 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 applicants. 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 is finally disposed of.