HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 30029 of 2015 Applicant :- Jitendra Kumar Shukla @ Jeetu Shukla Opposite Party :- State Of U.P. Counsel for Applicant :- B.N. Singh,Santosh Singh Counsel for Opposite Party :- Govt.Advocate Hon'ble Ramesh Sinha,J.
Heard Sri B.N. Singh, learned counsel the applicant and Sri Manish Deo, learned A.G.A. appearing for the State and perused the record.
The present 482 Cr.P.C. application has been filed for quashing the impugned non-bailable-warrant dated 28.10.2014, issued against the applicant in G. S. T. No. 119/2010 (State Vs. Shyam Baba and others), under Section 2/3 Gangster Act, Police Station Kuthond, District Jalaun, pending in the court of Special Judge Gangster Act, Jalaun at Orai.
Learned counsel for the applicant submits that applicant is in jail in respect to the another case, hence he did not appear before the trial court concerned, hence the present non-bailable-warrant has been issued against the applicant.
After having heard the learned counsel for the parties present and perused the impugned order as well as the material brought on record, I do not find any justification for quashing the impugned order passed in the aforesaid case. The prayer for quashing the same is hereby refused.
However, it is directed that in case the applicant appears and surrender before the court below within two weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.
For a period of two weeks from today, non-bailable-warrant issued against the applicant shall be kept in abeyance.
However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 7.10.2015 VKG