Manoj Kumar and Another Vs State of U.P.

Court No. - 78

Case :- APPLICATION U/S 482 No. - 3228 of 2021

Applicant :- Manoj Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Dubey 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 applicants and learned AGA for the State.

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By means of this application u/s 482 Cr.P.C. the applicants has prayed for quashing of the N.B.W. issued against the applicants in G.S.T. No. 26 of 2017 (State Vs Manoj Kumar and Others) under Sections 2/3 of Gangster Act, P.S. Hathras Junction, District Hathras passed by the Addl. Sessions Judge IV, Hathras arising out of Case Crime No. 357 of 2015.

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After arguing for while, learned counsel for the applicants does not want to press the relief sought in the application. He submits that the non bailable warrant has been issued against the applicants by the trial Court and the applicants are ready to appear before the trial court and hence some protection may be granted to them.

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In the circumstances, the applicant is advised to appear before the trial Court for cancellation of the non bailable warrant. Applicants are directed to surrender before the court concerned within 30 days from today. In case the applicants move 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 days, non-bailable warrant of arrest issued against the applicants shall be kept in abeyance.

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With this direction this application is finally disposed of.

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Order Date :- 16.3.2021 RavindraKSingh

Manoj Kumar and Another v. State of U.P.

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Manoj Kumar and Another v. State of U.P.

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