Application seeking quashing of N.B.W. under Section 482 Cr.P.C. withdrawn; court directed surrender trial court 15 days, kept N.B.W. in abeyance during period; application disposed.
Non-bailable warrant kept in abeyance for 15 days; applicant directed to surrender trial court within 15 days.
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Court No. - 78
Case :- APPLICATION U/S 482 No. - 2716 of 2021
Applicant :- Anuj Akela @ Vishawa Prakash Akela Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Tiwari,Rohitashwa Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application u/s 482 Cr.P.C. the applicant has prayed for quashing of the N.B.W. issued against the applicant in Criminal Case No. 119 of 2013 (State Vs Ashish and others), under Sections 336, 147, 352, 353, 504, 506 IPC and Section 7 of Crl Law Amendment Act, P.S. Kasimabad, District Ghazipur arising out of Case Crime No. 452 of 2012, pending in the court of Addl. Judicial Magistrate (JD), Court No. 2, Mohammadabad, Ghazipur.
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 and hence some protection may be granted to him.
In the circumstances, the applicant is advised to appear before the trial Court for cancellation of the non bailable warrant. Applicant is directed to surrender before the court concerned within 15 days from today. In case the applicant moves the application for bail on the day of the appearance or surrender, the same shall be considered and disposed of expeditiously. The courts below are supposed to follow the law laid down by this Court in Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 , which has been approved by Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC) in letter and spirit.
For the period of 15 days, non-bailable warrant of arrest issued against the applicant shall be kept in abeyance.
With this direction this application is finally disposed of.
Order Date :- 15.3.2021 RavindraKSingh
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶8
Amrawati and another Vs. State of U.P. 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶8
Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC)
Anuj Akela@ Vishawa Prakash Akela
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
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