Court No. - 44
Case :- APPLICATION U/S 482 No. - 18634 of 2018 Applicant :- Ramakant Pandey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Mani Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Mr. Jijay Mani Tiwari, learned counsel for the applicant, and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed challenging the order dated 15.12.2017, whereby non bailable warrant as well as the process under section 82/83 Cr.P.C. was issued against the applicant as well as the order dated 26.2.2018, whereby non bailable warrant and the process under section 83 Cr.P.C. was issued against the appicant, P.S. Civil Lines, District Allahabad.
From the record, the court finds that the present applicant was initially summoned vide summoning order dated 16.1.2017. However, when the applicant did not appear before the court below, an order dated 8.6.2017 was passed by the court below, whereby bailable warrant was issued against the applicant. In spite of the aforesaid order, the applicant did not appear before the court below. Ultimately, non bailable warrant was issued against the applicant vide order dated 26.8.2017 followed by the orders dated 15.12.2017 and 26.2.2018, the details of which have already been mentioned herein above.
From the aforesaid, it is apparent that the non bailable warrant is operating against the applicant since 26.8.2017. In spite of the expiry of period of more than eight months from the date of passing of the order dated 26.8.2017, the applicant has not yet appeared before the court below.
In view of the facts, as noted herein above, no case for interference is made out. The application fails and is, accordingly, dismissed.
Order Date :- 28.5.2018 Arshad