Court No. - 15
Case :- APPLICATION U/S 482 No. - 27204 of 2018 Applicant :- Satyendra Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Syed Ali Imam, learned counsel for the applicant and Sri Prashant Kumar, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of non-bailable warrant dated 24.10.2016 issued by Judicial Magistrate, District Gautam Buddh Nagar as well as entire proceeding in Complaint Case No. 1879 of 2016, under Sections 138 of N.I. Act, Police Station Sector 20, Noida, District Gautam Buddh Nagar.
Learned counsel for the applicant has stated that the non- bailable warrant dated 24.10.2016 be quashed because he was continuously appearing before the court. He further argued that he could not know about the issuance of the non-bailable warrant and could know about it only in year 2018.
Learned A.G.A. has vehemently opposed the prayer for quashing.
There does not appear to be any ground for quashing the non- bailable warrant because the same has been issued by the court below to secure the presence of the accused-applicant to face trial.
Accordingly, prayer for quashing the non-bailable warrant is refused.
However, it is directed that, in case, if the accused-applicant appears before the court below within 30 days and prays for recalling the non-bailable warrant, the court below shall pass appropriate order in accordance with law on the same.
With the aforesaid direction, application u/s 482 Cr.P.C. is disposed of.
Order Date :- 5.9.2018 A.P. Pandey