Court No. - 72
Case :- APPLICATION U/S 482 No. - 35927 of 2019 Applicant :- Sanjay Tyagi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Yogesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Learned counsel for the applicant is permitted to correct the prayer clause of the application during the course of the day.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the summoning order dated 29.05.2013 and non-bailable warrant dated 18.07.2018 as well as the entire proceedings of Complaint Case No. 66 of 2013 (Sandeep Kumar Goyal Vs. Sanjay Tyagi), under Section- 138 of N.I. Act, Police Station- Sadar, District- Meerut, pending in the court of Additional Chief Judicial Magistrate, Court No. 6, Meerut.
Learned counsel for the applicant has made a statement at bar that his client shall appear within three weeks from today along with proper application, thus, the proceedings of the case may be stayed.
Prayer for quashing the impugned summoning order as well as non-bailable warrant issued against the applicant is refused.
However, considering the facts and circumstances, it is provided that the applicant appears before the court concerned within three weeks from today with an application for recall of the non-bailable warrant. In case, such application is filed, the concerned Magistrate shall decide the same in accordance with law. For the period of three weeks from today, no coercive action shall be taken against the applicant. In case, the applicant fails to appear before the court concerned within three weeks from today, coercive action shall be taken against him for ensuring his presence in accordance with law.
With the above directions, this application is disposed of finally.
Order Date :- 26.9.2019 Noman