Rahul Kapoor vs State Of U.P. & Another
2017 Latest Caselaw 3847 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 27305 of 2017
 

 
Applicant :- Rahul Kapoor
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Rakesh Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This application under Section 482, Cr.P.C. has been filed to quash the non-bailable warrant order dated 9.8.2017 passed in Complaint Case No. 3056 of 2012, under Sections 420, 406 I.P.C. P.S. Sihanigate  District Ghaziabad, pending before A.C.J.M. III, Ghaziabad.

Learned counsel for the applicant contended 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.

Considering the facts and circumstances of the case, I do not find any ground to quash the order of non bailable warrant, therefore, the prayer for quashing the order of non bailable warrant is hereby refused.

However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant be considered and decided expeditiously, if possible on the same day in accordance with law.

With the aforesaid directions, this application is disposed of.

Order Date :- 30.8.2017

Gss