The High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of a non-bailable warrant. The applicant requested one month to appear as he was out of station. The court granted temporary stay on the warrant pending surrender.
Stay on the NBW dated 23.03.2022 granted on direction that applicant surrender within one month.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 20984 of 2022
Applicant :- Parvez Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A for the State and also perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the NBW dated 23.03.2022 as well as entire proceedings of Sessions Trial No.277 of 2022 (State vs. Parvez Ahmad) arising out of Case Crime No.167 of 2021, under Sections 376, 506 IPC and Section 5/6 POCSO Act, Police Station Sonha, District Basti, pending in the court of learned Additional Sessions Judge/Special Judge, Ananya Court (POCSO Act), Basti.
Perused the impugned order by which it appears that on the date of taking cognizance on 23.03.2022 NBW has been issued directly against the applicant.
Learned counsel for the applicant requested one month's time to appear before the court below as the the applicant was in Mumbai at the time of incident.
This application is disposed of , accordingly with a direction that applicant shall appear/surrender before the concerned court below within a period of one month from today and only till then, order dated 23.03.2022 relating to issuance of NBW, shall be kept in abeyance.
Order Date :- 5.8.2022 Priya
Digitally signed by PRIYA KUSHWAHA Date: 2022.08.06 09:36:31 IST Reason: Location: High Court of Judicature at Allahabad
Parvez Ahmad
Om Prakash Tripathi
As recorded by the court registry
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