Court No. - 33
Case :- APPLICATION U/S 482 No. - 19270 of 2018 Applicant :- Subhash Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nitin Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 26.05.2017 along with the order dated 02.05.2018 passed in S.T. No. 441 of 2014 (State vs. Subhash) arising out of Case Crime No. 245 of 2014, under Sections 147, 148, 323, 504 & 304 IPC, P.S. Patherwa, District Kushinagar, whereby, non bailable warrant and proceedings under Section 82 Cr.P.C. initiated against the applicant.
Applicant is already on bail but it appears from the order-sheet that he has been avoiding the court below, consequently, non bailable warrant has been issued.
After having considered the submissions made by the learned counsel for the applicant and perused the impugned orders, as well as, the other materials brought on record, without expressing any opinion on the merits of the case, I dispose of this application with a direction that in case the applicant moves an application for cancelling the non-bailable warrants issued against him before the court below within two weeks from today along with the certified copy of this order, in that case the concerned court will be at its discretion to pass appropriate order thereon either recalling the non bailable warrant issued against the applicant or directing the applicant to file fresh bail bonds in the aforesaid case as the case may be.
For a period of two weeks from today, non bailable warrant issued against the applicant shall be kept in abeyance.
In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicant for ensuring their appearance before it.
Order Date :- 29.5.2018 Mukesh Kr.