Court No. - 44
Case :- APPLICATION U/S 482 No. - 18750 of 2018 Applicant :- Asif Samdani Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mohammad Maseeh,Wahaj Ahmad Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Mohd. Masih, learned counsel for the applicants and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 16.01.2017 passed by the Additional Chief Judicial Magistrate, Court no.7, Allahabad in Complaint Case No. 43 of 2016 (Irfan Ali Vs.Asif Samdani) under Section 138 N.I. Act, Police Station-Kareli, District-Allahabad, the order dated 26.02.2018, whereby non-bailable warrant has been issued against the applicant as well as the entire proceedings of the above mentioned complaint case.
Having heard the learned counsel for the applicant and the learned A.G.A. for the State, it is provided that the execution of the non-bailable warrant issued by the court below shall remain stayed till 15.06.2018. The applicant shall appear before the court below on or before 15.06.2018 and apply for bail on or before 15.06.2018.
In case the aforesaid direction is complied with then the court below shall consider the bail application of the applicant in the light of the observation made in the case of Brahm Singh and Ors. Vs. State of U.P. and Others, reported in 2016 (7) ADJ 151.
In case of default, the interim protection granted to the applicant by this order shall stand automatically revoked.
With the aforesaid observations, the present application is finally disposed of.
Order Date :- 28.5.2018 YK