Heard learned counsel for the applicants and learned AGA. This application has been filed by the applicant with a prayer to quash the order of NBW passed by learned Chief Judicial Magistrate, Bijnor in case no. 311 of 2001, under sections 420, 467, 468, 471, 120B IPC, P.S. Dhampur Districrt Bijnor .
It is contented by the learned counsel for the applicant that due to non appearance NBW was issued against the applicant, There is no illegality in the order impugned, the prayer for quashing the NBW is refused. However, considering the facts and circumstances of the case, it is directed that applicant moves an application for appearance/surrender before the court concerned within 15 days from today on which the court concerned shall fix the date of surrender/appearance, in the meantime the court concerned shall seek the instructions from the prosecution side. In case the applicant moves the application for bail on the day of the appearance or surrender, the same shall be considered and disposed of expeditiously, if possible on the same day by the courts below.
Till then NBW issued against the applicant shall be kept in abeyance. With this direction, this application is finally disposed of. Order Date :- 25.1.2010 Sandeep