Court No. - 49
Case :- APPLICATION U/S 482 No. - 8810 of 2021 Applicant :- Vinod Kumar Verma And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indradeo,Ganesh Mani Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. This application has been filed seeking quashing of NBW order dated 12.2.2021 against the applicants passed by Special Judge SC/ST Act, Chandauli in ST No. 86 of 2018 (State Vs. Vinod Kumar Verma and others) in Case Crime No. 479 of 2017 under sections 420, 504, 506, 406 IPC and 3(1) (Da) SC/ST Act, police station - Alinagar, District - Chandauli.
1. The ground which has been taken in this case is that there was stay in application under section 482 No. 20406 of 2018 (Annexure-4), and therefore court below erred in ignoring this stay and passing order for issuance of NBW in the light of law laid down by the Supreme Court in case of Asian Resurfacing of Road Agency Pvt Ltd and another Vs. Central Bureau of Investigation reported in AIR 2018 SC 2039, especially when interim order was operating in favour of the applicant. However, fact is that application filed under section 482 Cr.P.C. seeking quashing of the charge sheet has been decided by a common order passed today. In view of such facts, it will be appropriate to direct the applicants to appear before the Special Sessions Judge on 12.8.2021 and apply for bail. Till then operation of the NBW be kept in abeyance.
3. In above terms, application is disposed of.
Order Date :- 28.7.2021 S.K.S.