Court No. - 2
Case :- APPLICATION U/S 482 No. - 22486 of 2019 Applicant :- Atul Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajendra Kumar Dubey,Santosh Kumar Pandey Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Santosh Kumar Pandey, learned counsel for the applicant, Sri Shyama Singh Yadav for opposite party no. 2 because he is on the panel of opposite party no.2, Sri Vimal Kumar Pandey, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the NBW dated 30.01.2019 issued against the applicant by Special Jude, E.C. Act, Farrukhabad, District Farrukhabad in Case No. 48 of 2009 ( State vs. Atul Gupta) arising out of Case Crime No. 729 of 2008 for an offence under section 147, 148, 332, 353, 427 IPC and 135 (2) Electricity Adhiniyam, Police Station Mohammadabad, District Farrukhabad pending in the court of Special Judge, E.C. Act, Farrukhabad and also a prayer is made to stay the proceedings in this case till the disposal of this application.
It is argued by the learned counsel for the applicant that NBW has been issued against the applicant which needs to be quashed because he was continuously appearing before the court below since institution of the case but last few months he could not appear before the trial court for certain reason.
Learned A.G.A. has vehemently opposed the prayer for quashing the NBW issued against the applicant.
I do no find any ground to quash the NBW because the same has been issued by the trial court in order to procure the attendance of the applicant.
The prayer for quashing the NBW is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and apply for bail, then the bail application of the applicant be considered and decided in accordance with law. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With aforesaid direction, this application is finally disposed of.
Order Date :- 10.6.2019 AU