Court No. - 68
Case :- APPLICATION U/S 482 No. - 35700 of 2019 Applicant :- Rajpal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dheeraj Singh (Bohra) Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Dheeraj Singh Bohra, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with the request to quash NBW dated 29.01.2016 in S.T. No. 82 of 2016 arising out of Case Crime No. 284 of 2014, under section 302, 452 and 34 IPC, P.S. Surajpur, District Gautam Budh Nagar pending in the court of learned Additional annd Sessions Judge, Fast Track Court-II, Gautam Buddh Nagar.
At the very outset the learned counsel has submitted that he is not pressing the application on merit but he wants that some protection may be given and time may be provided so that the applicant may appear before the learned court below and seek bail.
It appears that NBW has been issued on 29.01.2016 and after a gap of more than 3 and 1/2 years this application has been given. The delay in giving this application is seemingly a good ground for refusal of the request. On being asked the learned counsel has submitted that no application for recalling the NBW has been given before the learned court below, when a remedy was available to the applicant for moving such application before the learned trial court, there was no need to approach to this court under section 482 Cr.P.C., this is further a ground for refusal of the request. Therefore, the application under section 482 Cr.P.C. is dismissed.
It is however observed that if within 15 days from today the applicant Rajpal appears before the court and gives a bail application /recall application, the same shall be considered by the learned trial court according to law and shall be expeditiously disposed of by the learned trial court.
For these 15 days there is no need to take any coercive measures and it is made clear that this 15 days time shall not be extended on any ground whatsoever.
Order Date :- 25.9.2019 /Bhanu