Court No. - 38
Case :- APPLICATION U/S 482 No. - 16422 of 2019 Applicant :- Shailendra Tripathi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ganesh Mani Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant application has been filed u/s 482 with a prayer to quash the Non-bailable warrant dated 4.1.2019 passed by Special Chief Judicial Magistrate, Kanpur Nagar, in Case no. 30612 of 2016 (State Vs. Shailendra Tripathi) arising out of Case Crime no. 170 of 2015, u/s 406, 504, 506 IPC, P.S. Barra, District- Kanpur Nagar.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
It is submitted by the learned counsel that the applicant had no knowledge regarding the process issued against him, hence N.B.W. was issued that is liable to be quashed. The applicant wants to surrender before the Court below. A direction regarding expeditious disposal of the case may be given.
Learned A.G.A. has vehemently opposed the prayer and submitted that applicant is absconding since 2016 and hence the application may be dismissed.
From perusal of the material on record and looking into the facts and circumstances of the case, as the applicant is avoiding to appear before the Court below since 2016 despite several processes were issued against him, the N.B.W. dated 4.1.2019 issued against him cannot be quashed.
However, it is provided that if the applicant appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered as expeditiously as possible by the court below in accordance with law.
With aforesaid direction /observation, the instant application finally stands disposed of.
Order Date :- 30.4.2019 Vandana