Court No. - 69
Case :- APPLICATION U/S 482 No. - 36266 of 2019 Applicant :- Devendra Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dhirendra Singh Rajput Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Dhirendra Singh Rajput, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A.
Learned counsel for the applicant is permitted to make necessary correction in the prayer clause of this 482 Cr.P.C. application during the course of the day.
The present 482 Cr.P.C. petition has been filed for quashing the non-bailable-warrant order dated 21.10.2014 passed by learned 4th Additional District and Sessions Judge, Jalaun at Orai in G.S.T. No.204 of 2003 (Case Crime No.375 of 2002, under Sections 2/3 of Gangster and Antisocial Activities (Prevention) Act, Police Station Jalaun, District Jalaun.
The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
In the present case, challenge is to the N.B.W. dated 21.10.2014 and there is no reasonable explanation given by the applicant for filing the present application at such a belated stage.
The prayer for quashing the order impugned is refused.
However, it is provided that if the applicant files an application for recalling of the non-bailable-warrant issued against him within 30 days from today, the said application may be considered and disposed as expeditiously as possible, in accordance with law or in case, the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail may be considered and decided, expeditiously.
With the aforesaid direction, this application is finally disposed off.
Order Date :- 27.9.2019 Dev/-