Court No. - 53
Case :- APPLICATION U/S 482 No. - 2201 of 2019 Applicant :- Manoj Saxena Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') has been filed on behalf of the applicant with a prayer to quash the impugned order dated 02.01.2019 passed by A.C.J.M., Court No. 2, Bareilly, in Case No. 168 of 2018, arising out of Case Crime No. 1492 of 2007, Police station - Prem Nagar, District - Bareilly, whereby non-bailable warrant was issued against the applicant.
From the perusal of the impugned order, it reveals that order of issuance of non-bailable warrant has been passed due to non- appearance of the applicant before the court concerned. As such, there is no illegality or infirmity in the impugned order passed by the court below.
In view of above, prayer for quashing the impugned order passed by the court below is hereby refused.
In the result, the instant application under Section 482 of the Code stands rejected.
However, considering the nature of the case, it is directed that if the applicant appears before the court below and applies for bail/cancellation of non-bailable warrant, the same shall be decided by the court below on the same day, strictly in accordance with law.
For a period of 30 days from today, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 22.1.2019 I. Batabyal