Allahabad High Court
Mohd. Jafar @ Jafar Ali @ Nasir vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 13 May, 2022
Author: Suresh Kumar Gupta
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- APPLICATION U/S 482 No. - 2613 of 2022 Applicant :- Mohd. Jafar @ Jafar Ali @ Nasir Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Applicant :- Mohd. Nafees,Mohammad Afsar Counsel for Opposite Party :- G.A. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for petitioner, learned A.G.A. for the State and perused the material available on record.
By means of this petition under Section 482 Cr.P.C, the petitioner has sought following reliefs:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 21.10.2021 passed by learned Special Judge (POCSO Act), Lucknow in Sessions Trial No. 413 of 2018 (State Vs. Mohd. Jafar alias Nasir) arsing out of Case Crime No. 629 of 2017, under Sections 363, 366, 376 and 504 IPC, and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Gudamba, District Lucknow whereby non-bailable warrants were issued against the petitioner."
Learned counsel for applicant has submitted that earlier the applicant had been granted bail by the competent court and thereafter he could not appear before the trial court. Hence, non-bailable warrant has been issued against him. He further submits that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and that the applicant has every intention to appear before the court concerned and participate in the trial.
Considered the submissions made by learned counsel for applicant and perused the impugned order as well as other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the following direction:-
(i) the applicant shall move an application to cancel the non-bailable warrant issued against him before the court below within three weeks from today along with the certified copy of this order;
(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non bailable warrant issued against the applicant or to direct the applicant to file fresh bail bonds within a further period of one week, thereafter;
(iii) for a period of six weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance.
In the event of failure, on part of the applicant to act within time as directed above, the court below may adopt all coercive measures to ensure his appearance.
Order Date :- 13.5.2022 Virendra