Court No. - 65
Case :- APPLICATION U/S 482 No. - 28922 of 2019 Applicant :- Pawan Vishwakarma @ Pawan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Daya Shankar Vishwakarama Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Daya Shankar Vishwakarama, learned counsel for the applicant, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the order dated 29.05.2019 passed by Additional Sessions Judge/FTC 1st, Jhansi issuing NBW against the applicant in S.T. No.213 of 2014 (State vs. Pawan Vishwakarma and others) arising out of Case Crime No.34 of 2014 under sections 363, 365, 376 Gha IPC, Police Station Mauranipur, District Jhansi and also prayed that the further proceedings in the aforesaid case may be stayed.
It is argued by the learned counsel for the applicant that against the accused-applicant the impugned order dated 29.05.2019 has been passed erroneously by which NBW has been directed to be issued against the applicant only for default of one day as earlier to that he has been regularly appearing before the trial court, therefore, impugned NBW should be quashed.
Learned A.G.A. has vehemently opposed the prayer for quashing the NBW issued against the applicant.
I have gone through the impugned order as well as certified copy of the order sheet which indicates that the case was registered against the accused applicant on 11.07.2014 and since then he has been appearing all through but could not appear on 29.5.2019 because of his illness and hence NBW has been issued. It appears that earlier also the accused had not appeared pursuant to which NBW had been issued against the accused applicant. I do no find any ground to quash the NBW because the same has been issued by the trial court in order to procure the attendance of the applicant.
The prayer for quashing the NBW is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for cancellation of NBW, the same shall be decided in accordance with law. If it rejected and applicant applies for bail, then his bail application shall be considered and decided in accordance with law. For a period of 30 days from today, 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 aforesaid direction, this application is finally disposed of.
Order Date :- 26.7.2019 AU