In an application under Section 482 Cr.P.C., the applicant voluntarily withdrew the prayer to quash a non-bailable warrant. The court merely allowed him to appear within 15 days without coercive action.
No coercive steps to be taken until the applicant appears within 15 days and applies for recall of the warrant.
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Court No. - 78
Case :- APPLICATION U/S 482 No. - 19216 of 2020
Applicant :- Harish Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hanuman Prasad Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Hanuman Prasad Kushwaha, learned counsel for the applicant and the learned AGA appearing on behalf of the State.
By means of this application, the applicant has prayed for quashing the impugned non-bailable warrant dated 02.04.2019 passed by learned A.S.J., Court No.6/Special Judge (Gangster Act), Agra in GST No.34 of 2018 (Harish Chand Versus State) under Section 2/3 of U.P. Gangster Act arising out of Case Crime No.0764 of 2017 at Police Station Etmaddaula, District Agra, whereby non-bailable warrant has been issued against the applicant.
After arguing for while, learned counsel for the applicant does not want to press the relief sought in the application. He submits that the non-bailable warrant has been issued against the applicant by the trial court and the applicant is ready to appear before the trial court, hence, some protection may be granted to him.
Considering the facts and circumstances of the case, it is provided that in case the applicant appears within 15 days of date and applies for recall of the warrant, the same shall be considered and disposed of expeditiously thereafter. Till disposal of the applicant' motion to recall the non-bailable warrant, no coercive steps shall be taken against him.
With the aforesaid observations, the present application is disposed of in terms of the above order.
Order Date :- 22.2.2021
Ajeet
Harish Chandra
Shekhar Kumar Yadav
As recorded by the court registry
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