Court No. - 81
Case :- APPLICATION U/S 482 No. - 46343 of 2019 Applicant :- Rudra Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Dubey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sunil Dubey, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the order of Non-Bailable warrant dated 17.10.2019 passed by Special Judge (Prevention of Corruption Act), Second (ACC-II), Varanasi in Special Trial No. 41 of 2005 (State Vs. Kanhaiya Lal and others), arising out of Case Crime No. 644 of 1990, under Section 467, 468, 420 & 120-B of I.P.C. and 5(2) of Prevention of Corruption Act, 1947, Police Station Kotwali, District Ghazipur.
It is argued by the learned counsel for the applicant that the applicant had no knowledge of the case pending and the NBW has been issued against the accused applicant erroneously, hence he has prayed that the same needs to be quashed.
Learned A.G.A. has vehemently opposed the quashing of the N.B.W.
I have gone through the record and find that the said order has been passed in order to procure the presence of the accused applicant, therefore, the prayer for quashing the proceeding is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for cancellation of NBW, the same shall be decided in accordance with law. If it is rejected and applicant applies for bail, then his bail application shall be considered and decided in accordance with law. For a period of 30 days or till the disposal of the application for cancellation of NBW and disposal of bail, whichever is earlier, no coercive action shall be taken against the accused applicant in the aforesaid case. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
Order Date :- 17.12.2019 VPS