Court No. - 81
Case :- APPLICATION U/S 482 No. - 43618 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, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the order dated 17.10.2019 passed by Special Judge (Prevention of Corruption Act) Second, Varanasi in S.T. No. 35 of 2005 (State vs. Rudra Pratap and another) arising out of Case Crime NO.632 of 1990, under sections 467, 468, 420, 201, 120B IPC and 5(2) Prevention of Corruption Act, 1947, Police Station Kotwali, District Ghazipur and also prayed that the non-bailable warrant dated 17.10.2019 may be kept in abeyance till the disposal of this application.
It is argued by the learned counsel for the applicant that NBW issued against the applicant be quashed.
Learned A.G.A. has vehemently opposed the prayer for quashing the NBW issued against the applicant.
I have gone through the impugned order and find that the NBW has been issued in order to procure the attendance of the applicant before the trial court as he has to face trial in the above-mentioned case. Therefore, there is no justifiable ground to quash the NBW.
The prayer for quashing the NBW 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 from today or till the disposal of the application for cancellation of NBW and disposal of bail application, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With aforesaid direction, this application is finally disposed of.
Order Date :- 28.11.2019 AU