Court No. - 49
Case :- APPLICATION U/S 482 No. - 38294 of 2018 Applicant :- Ram Naresh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
Heard Sri B.K. Tripathi, learned counsel for the applicant and Sri Vikas Goswami, learned AGA for the State.
This application has been filed for quashing of the impugned order dated 20.02.2015 whereby non bailable warrant has been issued by the Magistrate in case no. 547 of 2002 (State Versus Tazmul and Others), arising out of case crime no. 138/1987, under sections 409 and 411 I.P.C. Police Station-Jhangaha, District Gorakhpur, pending in the court of Civil Judge (Senior Division) Court No. 3, Gorakhpur/A.C.J.M.
The contention of the learned counsel for the applicant is that the applicant is an old person of nearly 91 years of age and he was consistently appearing before the trial court through his advocate but on some occasions he could not appear as a result of which non bailable warrant was issued against him on 20.02.2015.
It is further contended that this Court may permit the applicant to appear through a counsel.
The perusal of the partial ordersheet that has been enclosed by the applicant as annexure no. 6 to the affidavit reveals that even on 12.01.2014 non bailable warrants were issued which have remained unexecuted till date.
There is no valid reason for the delay in approaching this Court after more than three years of order dated 20.02.2015.
After the application was heard at length, the learned counsel for the applicant states that he wishes to withdraw the application.
This application is, accordingly, dismissed as withdrawn.
Order Date :- 27.10.2018 sweta