Court No. - 72
Case :- APPLICATION U/S 482 No. - 36142 of 2019 Applicant :- Ram Krishna Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the non-bailable warrant order dated 20.8.2019 passed by Additional Judge, (N.I.Act), Gorakhpur in Complaint Case No. 2252 of 2017 (Mahfooz Alam Vs. Ram Krishna Yadav), under Section- 138 of N.I.Act and under Sections- 419 and 420 Police Station- Chiluatal, District- Gorakhpur, pending in the court of Additional Judge, (N.I.Act), Gorakhpur.
Learned counsel for the applicant has made a statement at bar that his client shall appear within three weeks from today along with proper application, thus, the proceedings of the case may be stayed.
Prayer for quashing non-bailable warrant issued against the applicant is refused.
However, considering the facts and circumstances, it is provided that if the applicant appears before the court concerned within three weeks from today with an application for recall of the non-bailable warrant, the concerned Magistrate shall decide the same in accordance with law. For the period of three weeks from today, no coercive action shall be taken against the applicant. In case, the applicant fails to appear before the court concerned within three weeks from today, coercive action shall be taken against him for ensuring his presence in accordance with law.
With the above directions, this application is disposed of finally.
Order Date :- 27.9.2019 Akbar