Court No. - 52
Case :- APPLICATION U/S 482 No. - 6115 of 2018 Applicant :- Nitin Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Chandra Shekhar Mishra, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing order issuing Non-bailable Warrant dated 23.1.2018 against the applicant in Case No.7689 of 2009 arising out of Case Crime No.293 of 2008 under Sections 3/7 of Essential Commodities Act, Police Station Janakpuri, District Saharanpur, pending in the court of Additional Chief Judicial Magistrate-1st, Saharanpur.
It is contended by the learned counsel for the applicant that the proceedings initiated against the applicant were challenged under Section 482 Cr.P.C. by means of Criminal Misc. Application No.160 of 2010 in which proceedings were stayed by this Court and ultimately on account of non-presence of the counsel for the applicant, the said application was dismissed on 19.1.2017 and thereafter the matter was sent back to court concerned to proceed with the trial and then non-bailable warrant has been issued on 23.1.2018. It is stated that prior to 23.1.2018, no warrants or summons were ever served upon the applicant.
The prayer for quashing the proceedings as well as order impugned is refused.
However, it is provided that if the applicant files an application for recalling of the non-bailable-warrant issued against him within 3 weeks from today, the said application may be considered and disposed as expeditiously as possible, in accordance with law or in case, he appears and surrenders before the court below within 3 weeks from today and applies for bail, his prayer for bail may be considered and decided on same day in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of three weeks from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observations this application is finally disposed of.
Order Date :- 23.2.2018 MN/-