Court No. - 1
Case :- APPLICATION U/S 482 No. - 19351 of 2018 Applicant :- Zainuddin Ansari Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Syed Wajid Ali Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.M. Jafar holding brief of Sri S.W. Ali, learned counsel for the applicant and Ms. Manju Thakur, learned A.G.A. for the State.
The only prayer made by the applicant is that a direction be issued to S.S.P., Lucknow and D.I.G., Lucknow to serve non bailable warrants issued against opposite party no. 4 on 17.12.2016 and onwards or arrest him and produce him before In-charge Special Judge, Prevention of Corruption Act, Court No. 1, Gorakhpur in S.S.T. No. 1288 of 2016 arising out of case crime no. 40 of 2007 under sections 342, 467, 468, 347, 348, 218, 219, 220, 504, 506, 323, 161 I.P.C. and 7/3 Preventin of Corruption Act, police station Pipraich, District Gorakhpur.
Learned counsel for the applicant submits that the petitioner is the complainant of the case and the accused of opposite party no. 4, who is avoiding his arrest in pursuance of non bailable warrant issued against him by the trial court though sanction for his prosecution has already been granted by the competent authority, hence he has come up for execution of the non bailable warrant issued against him. He further pointed out that no proceedings under section 82 and 83 Cr.P.C. has been issued against opposite party no. 4.
Considering the facts of the case, we direct the court below to take appropriate action for execution of non bailable warrant against opposite party no. 4 and ensure his presence before it expeditiously preferably within a period of six weeks' from the date of production of a certified copy of this order.
The application stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.5.2018 Shiraz