Court No. - 15
Case :- APPLICATION U/S 482 No. - 27145 of 2018 Applicant :- Sanjay Opposite Party :- State Of Up And Another Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sunil Kumar Dwivedi, learned counsel for the applicant and Sri Prashant Kumar, learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of N.B.W. dated 16.07.2018 issued by the court concerned to seek appearance of the accused in Case No. 2 of 2016, Shiv Kumar Vs. Sanjay and another under Sections 363, 366-A, 376, 420 I.P.C. and Section 3/4 P.O.C.S.O. Act, P.S.
Salempur District Bulandshahr pending in the Court of IInd Additional District Judge, Court No.8/ Special Judge, P.O.C.S.O. Act, Bulandshahr.
Since the accused applicant was not appearing before the court concerned, N.B.W. was issued against the accused. There is no justifiable ground to quash the N.B.W., accordingly, the prayer of quashing of the N.B.W. is refused, However, if the accused applicant appears within 30 days before the court concerned and move an application for cancellation of N.B.W., the court concerned shall pass appropriate order, thereon in accordance with law.
With the aforesaid direction, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 5.9.2018 A. Mandhani