Court No. - 64
Case :- APPLICATION U/S 482 No. - 13108 of 2019 Applicant :- Praveen Shukla Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gunjan Sharma Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. in opposition.
This application under Section 482 Cr.P.C. has been filed to quash the N.B.W. order dated 14.02.2019 issued by Additional Chief Metropolitan Magistrate, court no.7, Kanpur Nagar in complaint case no.7397 of 2011, Sushil Kumar Dwivedi vs. Praveen Shukla, under Section 138 N.I. Act, P.S. Kidwai nagar, District Kanpur Nagar.
At the very outset, learned counsel for the applicant wishes to participate the proceedings of the trial court and in regard thereto he may seek some protection by this Court.
Learned AGA has no objection.
Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within 15 days from today and moves application for 'recall of non- bailable warrant/bail', the same shall be considered and disposed of very same day in accordance with law by passing a speaking and reasoned order on the application of the applicant after affording opportunity to the prosecution.
For a period of 15 days from today, no coercive action shall be taken against the applicant.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 8.4.2019 Raj