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Arun Kumar Rathi vs State Of U.P. And Another on 12 July, 2019


?Court No. – 70

Case :- APPLICATION U/S 482 No. – 11039 of 2010

Applicant :- Arun Kumar Rathi

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Ajatshatru Pandey

Counsel for Opposite Party :- Govt. Advocate,A.P. Misra

Hon’ble Sanjay Kumar Singh,J.

Heard Shri G.S. Chaturvedi, learned Senior Advocate, assisted by Shri Shri Ajatshatru Pandey, learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties. Learned counsel for the opposite party No.2 is not present, even in the revised call.

This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 29.3.2008 passed in Case No.127 of 2008 (SectionM/s Vaisanvi Traders vs. M/s Rathi Ispat Ltd.) under Sections 138 Section142 Negotiable Instrument Act and Section 406 IPC, P.S.-Modinagar, District Ghaziabad, pending in the Court of Judicial Magistrate, Ghaziabad.

The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned summoning order dated 29.3.2008 against the applicant and requested to grant some protection, so that applicant may surrender before the court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail application of the applicant expeditiously in accordance with law.

Considering the prayer made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 45 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges’ decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon’ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.

For the period of 45 days from today, no coercive action shall be taken against the applicant.

With the above observations, this application under Section 482 Cr.P.C. is disposed of.

Order Date :- 12.7.2019

LN Tripathi



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