Court No. - 53
Case :- APPLICATION U/S 482 No. - 21424 of 2019 Applicant :- Sanjay @ Manoj Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hemant Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Hemant Kumar Rai, learned counsel the applicant, learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C. application has been filed for quashing the impugned order dated 7.3.2019, issuing non-bailable-warrant against the applicant, in S.T. No.509/2012, arising out of Case Crime No.1583/2009, under Sections 307/149 IPC, pending in the court of Addl. Sessions Judge / Sessions Judge (EC Act), Rampur.
Learned counsel for the applicant submitted that the applicant is facing trial under Sections 307/149 IPC, in which his arrest was stayed by the Apex Court on 25.7.2014, but subsequently the petition, came to be dismissed by the Apex Court on 13.4.2017, which fact was not within knowledge of the applicant, leading the trial court to issue N.B.W. against the applicant on 7.3.2019.
Learned A.G.A. submits that no useful purpose would be served by keeping this petition pending, it be disposed off by giving appropriate direction to the applicant / court concerned.
This application is disposed off with the direction that in the event the applicant deposits Rs.5000/- by way of demand draft / pay order, in the name of O.P. No.2, within 3 weeks from today, before the court concerned, which shall ultimately be handed over to O.P. No.2 forthwith, the order dated 7.3.2019 shall not be given effect to. However, in the event of default, this order shall automatically cease to have any effect, without further reference to the Court.
For a period of 3 weeks from today or till the applicant deposits the above amount, whichever is earlier, non-bailable warrant issued against the applicant shall be kept in abeyance.
It is made clear that no further time would be granted to comply this order.
Order Date :- 28.5.2019 Chandra