Court No. - 72
Case :- APPLICATION U/S 482 No. - 2509 of 2019 Applicant :- Suraj Gupta Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ramesh Chandra Agrahari,Ashutosh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
By means of the application, the applicant prayed for quashing the entire criminal proceeding as well as non bailable warrant dated 15.10.2014 passed by Chief Judicial Magistrate, Allahabad in criminal case no. 11625 of 2006, arising out of case crime no. 65 of 2006 under Section 386 IPC, P.s. Kotwali, District Allahabad, pending in the court of Chief Judicial Magistrate, Allahabad.
Learned counsel for the applicant states the applicant is already enjoying bail and wants to participate in the trial. However, he could not appear before the court due to illness and, therefore, non bailable warrant has come to be issued. He wants a week's time to surrender before the court below pursuant to non bailable warrant and want to participate in the proceeding.
In view of aforesaid undertaking being given by the applicant through counsel, as last opportunity one time measure, it is provided that in case the applicant surrenders before the court below pursuant non bailable warrant on or before 30th January, 2019, his bail application shall be considered looking to the aspect of the matter that he was already enjoying the bail .
In the meanwhile no coercive measure shall be taken against the applicant pursuant to aforesaid case.
The application is disposed of with the aforesaid observations and directions.
Order Date :- 22.1.2019 Sanjeev