Alok Singh vs State Of U.P. And Another
2015 Latest Caselaw 1955 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 
Case :- APPLICATION U/S 482 No. - 24948 of 2015
 

 
Applicant :- Alok Singh
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ajai Kumar Garg
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Pankaj Naqvi,J.

Heard Sri Ajai Kumar Garg, learned counsel the applicant, learned A.G.A. for the State and perused the record

The present 482 Cr.P.C. petition has been filed for quashing the impugned order dated 2.7.2015 issuing the warrant of arrest (NBW) against the applicant in Complaint Case No.9640 of 2009 under Section 138 N.I. Act, Police Station Kotwali, District Allahabad.

Learned counsel for the applicant contended that the applicant had already been granted bail by the competent court and thereafter he could not appear before the trial court, hence non bailalbe warrant was issued against him. He further submits that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.

After having considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record, without expressing any opinion on the merits of the case, I dispose of this application with a direction that in case the applicant moves an application for cancelling the non-bailable warrant issued against him before the court below within three weeks from today along with the certified copy of this order, in that case the concerned court shall pass appropriate order thereon within a further period of one week.

For a period of six weeks from today or till the disposal of the application, whichever is earlier non-bailable warrant issued against the applicant shall be kept in abeyance.

In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicant for ensuring his appearance before it. 

Order Date :- 24.8.2015

Ashish Pd.