Vishal Vs State of U.P. and Another

Court No. - 78

Case :- APPLICATION U/S 482 No. - 3023 of 2021

Applicant :- Vishal Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.M. Nazir Abbas Abedi Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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By means of this application, the applicant has prayed for quashing of the N.B.W. dated 6.3.2020 passed by Special Judge (POCSO Act), Court No. 3, Addl. District and Sessions Judge, Meerut in Case No. 245 of 2019, under Sections 452, 354, 354(b), 506 IPC and Section 7/8 of POCSO Act, (State Vs Vishal).

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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.

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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 30 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.

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For the period of 30 das, non-bailable warrant of arrest issued against the applicant shall be kept in abeyance.

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With this direction this application is finally disposed of.

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Order Date :- 15.3.2021 RavindraKSingh

Vishal v. State of U.P. and Another

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Vishal v. State of U.P. and Another

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