Court No. - 48
Case :- APPLICATION U/S 482 No. - 2655 of 2019 Applicant :- Raj Gupta @ Raju Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the order dated 2.1.2019 issuing non-bailable warrant in case no. 3715 of 2008 under Sections 7/16 Prevention of Food Adulteration Act, District Siddharth Nagar pending in the court of Chief Judicial Magistrate, Siddharth Nagar. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
A perusal of the record reveals that the summoning order was passed in accordance with law. Non-bailable warrant was issued when the applicant did not appear before the court concerned despite service of summon. Issuance of non-bailable warrant is within the jurisdiction of the court concerned.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.
However, it is observed that in case the applicant surrenders and applies for bail within thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, effect and operation of the N.B.W. shall remain in abeyance.
It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 22.1.2019 safi