Court No. - 31
Case :- APPLICATION U/S 482 No. - 12456 of 2018 Applicant :- Mohammad Ali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mainuddin Ahamad Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Vijay Lakshmi,J.
The applicant, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the order dated 21.11.2011 passed by learned Judicial Magistrate-I, Gorakhpur, in Complaint Case No. 898 of 2001, Ishtiyak Vs. Mohammad Ali, u/s 406 I.P.C., P.S. Belipar, District Gorakhpur, whereby NBW has been issued against the applicant.
Heard learned counsel for the applicant and learned A.G.A. representing the State. Perused the records.
A perusal of the record shows that the Complaint Case is pending since the year 2001 and the applicant has successfully avoided to appear before the court concerned during the long span of time despite several orders passed by the court below.
As the applicant became absent from the court proceedings, the court below has rightly issued NBW against him. There is no good ground to interfere in the order impugned issuing NBW against the applicant.
The prayer for quashing the impugned order is refused and the application is dismissed.
However, the applicant is granted a time of 15 days from today to surrender before the court concerned.
For the aforesaid period of 15 days, which shall not be extended any further, no coercive action shall be taken against the applicant. In case he fails to surrender within the aforesaid period, the court below shall take coercive measures against him.
Order Date :- 27.4.2018 Pcl