Citation : 2022 Latest Caselaw 19822 ALL
Judgement Date : 3 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- APPLICATION U/S 482 No. - 28756 of 2022 Applicant :- Jogendra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandrajeet Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard learned counsel for applicant and learned AGA for State.
2. The present application under Section 482 Cr.P.C. has been filed for quashing of non-bailable warrants dated 11.01.2021 and 13.07.2022 issued by Special Judge (Gangster Act)/ Additional District Judge VI, Bulanshahar in Special Case No. 2168 of 2012 (State vs. Jogendra), under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, arising out of Case Crime No. 530 of 2011, Police Station Sikandrabad, District Bulandshahar.
3. Learned counsel for applicant, after arguing for some time, on instruction, submits that applicant seeks some time to appear before Trial Court and requested that non-bailable warrant issued against him be kept in abeyance for a period of one week from today.
4. Learned A.G.A. appearing for State has no objection against the aforesaid prayer.
5. Accordingly the prayers made in this application are rejected. However, considering the undertaking given by applicant, the non-bailable warrant issued against him is kept in abeyance for a period of one week from today, as a one time measure. Meanwhile, applicant shall surrender before Trial Court and file appropriate application and Trial Court is directed to decide the same in terms of the judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. In case of default, Trial Court is at liberty to execute non-bailable warrant in accordance with law.
6. With the aforesaid directions, this application is disposed of.
Order Date :- 3.12.2022/AK
(Sl. No. 20 out of 207 fresh cases)
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