JAGPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel the applicant and learned A.G.A.

(2.) THE present application under Section 482 Cr.P.C. has been filed for quashing the order dated 5.7.2011 passed by learned Additional Chief Judicial Magistrate, Court No. 9, Agra in Criminal Case No. 708A of 2008, under Sections -147, 148, 149, 307, 504 and 506 I.P.C., Police Station -Kagaraul, District -Agra by which non -bailable warrant has been issued against the applicant and proceedings under Section -82 Cr. P. C. have been initiated against the applicant on account of his failure to respond to the summons and bailable warrant issued against him for enforcing his presence before the Court concerned in the aforementioned case.

(3.) THE prayer for quashing the order issuing non -bailable warrant is refused. However, it is provided that if 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 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 applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.