Court No. - 64
Case :- APPLICATION U/S 482 No. - 16568 of 2019 Applicant :- Amzad Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S.M.Ayaz Ali Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C., has been filed for quashing the entire criminal proceedings of complaint case no. 511 of 2017 (Hukum Singh vs. Amzad Khan), under Section 138 N.I. Act, Police Station New Agra, District Agra, pending in the court of Additional Chief Judicial Magistrate, Court No. 9 Agra along with impugned summoning order dated 21.3.2017, whereby the applicant was summoned under Section 138 N.I. Act issued by Additional Chief Judicial Magistrate, Court No.9 Agra as well as Non Bailable Warrant dated 3.4.2019.
Contention is that non-bailable warrant has been issued against the present applicant, however, the applicant is desirous of participating in the proceeding of the case, provided some reasonable time is given.
Learned A.G.A. has no objection.
Since, the applicant has expressed his desire to participate in the proceeding of the case, he is directed to appear before the court below within three weeks' from today and move appropriate application for recalling the order of non- bailable warrant, the same shall be considered and disposed of by the court below sympathetically in accordance with law.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the aforesaid direction, this application stands disposed of.
Order Date :- 26.4.2019 S Rawat