Court No. - 5
Criminal Misc. Recall Application No.2 of 2018 In Re:-
Case :- CRIMINAL APPEAL U/S 372 CR.P.C. No. - 375 of 2018 Appellant :- Daya Nand Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Shri Niwash Yadav Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Dr. Y.K. Srivastava,J.
Heard Shri S.N. Yadav, Advocate assisted by Shri Sudheer Yadav, learned counsel for the appellant, R.K. Mishra, learned counsel for the respondent No.2 and learned AGA for the State.
This application has been filed for recall of the order dated 04.12.2018, issuing non-bailable warrants against the respondent No.2. This application is supported by an affidavit of respondent No.2. In paragraph Nos. 2 to 5 it has been stated that pursuant to the earlier order passed on 23.10.2018, the respondent No.2 had come to Allahabad on 03.12.2018 and had got the compliance affidavit prepared and also got his photograph taken.
Further on 04.12.2018, he had applied for issuance of a gate pass for appearing before the Court, however, on account of some communication gap with the clerk of the counsel the respondent No.2 returned back on the assurance that the compliance affidavit would be filed in the Registry on 05.12.2018. Today, respondent No.2 is present duly identified by his counsel, Shri R.K. Mishra.
Further, Shri R.K. Mishra has assured that he would appear in the case as and when the appeal is listed. It is also stated that the respondent No.2 had obtained bail from the Court of CJM, Ballia on 26.11.2018. There is a report on record dated 04.12.2018 about the fact that the respondent No.2 had obtained bail from the Court of CJM, Ballia on 26.11.2018.
In view of the above, the order dated 04.12.2018 issuing fresh non-bailable warrants against the respondent No.2 deserve to be recalled and is accordingly recalled.
The Lower Court records have been received. Office may get the paper books prepared in due course.
Whenever the appeal is listed next, the name of Shri R.K. Mishra, Advocate be printed from the side of respondents.
Order Date :- 20.12.2018 Arnima (Dr. Y.K. Srivastava, J.) (Vikram Nath, J.)