Court No. - 70 Case :- APPLICATION U/S 482 No. - 17030 of 2019 Applicant :- Irshad @ Chunmun Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Syed Faiz Hasnain Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1. Learned counsel for the applicant submitted that date of NBW has been wrongly typed as 17.11.2018 in place of 04.01.2019. He may be permitted to correct the said date. On the request so made, the applicant is permitted to correct it during the course of the day.
2. Heard Mr. Syed Faiz Hasnain, the learned counsel for the applicant and the learned A.G.A. for the State.
3. This application under section 482 Cr.P.C. has been filed to quash the NBW dated 04.01.2019 as well as the entire proceedings of Special Session Trial No.12 of 2011, under Sections-8/15 N.D.P.S. Act, Police Station Pakbara, District Moradabad, pending in the court of Addl. District Judge, Court No.10, Moradabad.
4. Learned counsel for the applicant contends that earlier the applicant had been granted bail by Special Judge (E.C.Act), Moradabad vide order dated 30.06.2011 and thereafter he could not appear before the trial court. Hence non-bailable warrant has been issued against him. He further submits that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and that the applicant has every intention to appear before the court concerned and participate in the trial.
5. Considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the following direction:
(i) the applicant shall move an application for recall of non- bailable warrant issued against him before the court below within three weeks from today along with the certified copy of this order;
(ii) in that case the concerned court shall pass appropriate order thereon in accordance with law within a further period of one week, thereafter;
(iii) For a period of 30 days from today, non-bailable warrant dated 04.01.2019 issued against the applicant shall be kept in abeyance.
6. In the event of failure, on part of the applicant to act within time as directed above, the Court below may adopt all coercive measures to ensure his appearance.
Order Date :- 29.4.2019 SKD