Allahabad High Court
V. Sudhir Rao vs State Of U.P. And Another on 26 September, 2019
Author: Rajiv Joshi
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- APPLICATION U/S 482 No. - 35775 of 2019 Applicant :- V. Sudhir Rao Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pandey Balkrishna Counsel for Opposite Party :- G.A. Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the non-bailable warrant dated 3.3.2015 as well as the entire proceedings of Complaint Case No. 309 of 2016 arising out of Complaint Case No. 135 of 2008 (Anit Kartar Singh Vs. V. Sudhir Rao), under Section- 138 of N.I.Act, pending in the court of Civil Judge (J.D.), Gautam Budh Nagar.
Learned counsel for the applicant has made a statement at bar that his client shall appear within three weeks from today along with proper application, thus, the proceedings of the case may be stayed.
Prayer for quashing the non-bailable warrant issued against the applicant is refused.
However, considering the facts and circumstances, it is provided that the applicant appears before the court concerned within three weeks from today with an application for recall of the non-bailable warrant. In case, such application is filed, the concerned Magistrate shall decide the same in accordance with law. For the period of three weeks from today, no coercive action shall be taken against the applicant. In case, the applicant fails to appear before the court concerned within three weeks from today, coercive action shall be taken against him for ensuring his presence in accordance with law.
With the above directions, this application is disposed of finally.
Order Date :- 26.9.2019 Noman