Court No. - 17
Case :- APPLICATION U/S 482 No. - 35455 of 2018 Applicant :- Imran Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pankaj Bharti, learned counsel for the applicant and Sri Ankit Srivastava, learned brief holder for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of non-bailable warrant dated 9.10.2017 issued in Case No. 870/9 of 2011, under Sections 392, 411 IPC, Police Station Civil Lines, District Muzaffar Nagar.
Learned counsel for the applicant has stated that the non-bailable warrant has been issued against him in the present case because he could not appear before the court as he was arrested in the meantime in Crime No. 775 of 2017, u/s 302, 120-B, 506 IPC, P.S. Kotwali Nagar, District Muzaffar Nagar. Therefore, he has prayed that the non-bailable warrant be quashed.
Learned A.G.A. has vehemently opposed the prayer for quashing.
There does not appear to be any ground for quashing the non-bailable warrant because the same has been issued by the court below to secure the presence of the accused-applicant to face trial.
Accordingly, prayer for quashing the non-bailable warrant is refused.
However, it is directed that, in case, if the accused-applicant appears before the court below within 30 days and prays for recalling the non-bailable warrant, the court below shall pass appropriate order in accordance with law on the same. Till 30 days from today no coercive action shall be taken against the applicant and if he does not appear before the court below within that period, the court shall be at liberty to adopt coercive steps to secure his presence.
With the aforesaid direction, application u/s 482 Cr.P.C. is disposed of.
Order Date :- 12.10.2018 A.P. Pandey