Citation : 2022 Latest Caselaw 20379 ALL
Judgement Date : 7 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- APPLICATION U/S 482 No. - 23778 of 2022 Applicant :- Umesh Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Kumar Pandey 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 warrant dated 14.09.2021 issued by Judicial Magistrate, Fareedpur (Bareilly) as well as entire proceedings of Complaint Case No. 605 of 2014 (Satyapal vs. Rajendra Pratap Singh alias Pramod Kumar Singh), under Sections 452, 323, 504, 427 IPC, Police Station Faridpur, District Bareilly.
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 two weeks 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 two weeks 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 :- 7.12.2022
AK-(Sl. No. 9 out of 251 fresh cases)
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