Court No. - 49
Case :- APPLICATION U/S 482 No. - 42459 of 2018 Applicant :- Kamal Kishor @ Kamal Kishor Dubey Opposite Party :- State Of Up And Anr Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Heard Sri Kapil Tiwari, Advocate holding brief of Sri Manish Joshi, learned counsel for the applicant and Sri Sanjay Sharma, learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed to quash the N.B.W. order dated 6.10.2018 passed by the learned Additional Sessions Judge, Court No.3, Moradabad in S.T. No.290 of 2010 (State Vs. Kamal Kishor) arising out of Case Case Crime No. 1822 of 2004, under Sections- 372, 373 I.P.C., Police Station- Majhola, District- Moradabad.
Learned counsel for the applicant submits that the applicant could not appear before the trial court on 16.7.2016 due to some urgent work and NBW was issued against him. He further submits that the applicant is ready to appear before the trial court within 10 days from today.
Learned A.G.A. for the State has opposed the prayer for quashing the order dated 6.10.2018.
I have carefully considered the submissions made by learned counsel for applicant as well as learned AGA for the State. I have also gone through the material available on record.
Considering the facts and circumstances of the case and submissions made by learned counsel for the applicant, I do not find any ground to quash the order dated 6.10.2018 and the prayer is declined.
However, the applicant is directed to appear and surrender before the learned court concerned within 10 days from today in the aforementioned case and move an appropriate application for bail. The learned trial court will consider the said application, in accordance with law, as expeditiously as possible. No coercive steps shall be taken against the applicant in the aforesaid case for a period of 10 days or till the application filed by the applicant is decided, whichever is earlier. In case, the applicant fails to appear before the court concerned within the aforesaid period, the interim order shall stand vacated.
With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.
(V.P. Vaish, J.) Order Date :- 28.11.2018 Vivek Kr.