Vikram vs State of U.P. and Another

Hon''ble Bala Krishna Narayana, J.—Heard Learned Counsel for the applicant and learned A. G. A. This application under Section-482 Cr. P. C. has been filed by the applicant challenging the order dated 24.9.2011 passed by Civil Judge, Junior Division/Judicial Magistrate, Kushingar in Case No. 2322 of 2011, under Sections 498A, 323, 504 I.P.C. and 3/4 D.P. Act, by which non-bailable warrant has been issued against him enforcing his appearance in the aforementioned case after he failed to respond the summon and non-bailable warrant issued against him. Learned counsel for the applicant has challenged the 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 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 judgment 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 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 is finally disposed of.