Mukesh Kumar Bhardwaj vs State Of U.P. And Another
2023 Latest Caselaw 5959 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- APPLICATION U/S 482 No. - 5941 of 2023
 

 
Applicant :- Mukesh Kumar Bhardwaj
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Raj Deo Singh,Samta Singh Kushwaha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present Section 482 Cr.P.C. application has been filed by the applicant for quashing the order of Non-bailable Warrant dated 19.12.2022 passed by Additional Judicial Magistrate (Jr. Division), Court No.3, Moradabad against applicant in Case No. 1257 of 2018 arising out of Case Crime No. 806 of 2008 under Sections 452, 323, 504 and 506 I.P.C. P.S.-Maghola, District- Moradabad.

It is submitted by learned counsel for the applicant that the criminal proceedings were challenged before this Court and by order dated 09.10.2009 criminal proceedings against the applicant were stayed by this Court in Application under Section 482 Cr.P.C. No. 26121 of 2009. Subsequently, the summoning order has been issued in pursuance to law laid down by the Apex Court in Asian Resurfacing of Road Agency Private Limited and another Vs. Central Bureau of Investigation; (2018) 16 SCC 299 and a non-bailable warrant has been issued against the applicant.

He further submits that the applicant could not appear before the court concerned under the impression that proceedings were stayed by this Court. However, subsequently the judgment of the Apex Court in Asian Resurfacing of Road Agency Private Limited and another (supra) has come up. Therefore the proceedings have been initiated. Learned counsel for the applicant submits that the applicant is ready to appear before the Court concerned and participate in the proceedings and as such some time may be granted to the applicant to surrender before the court concerned.

Learned A.G.A. has no objection in case the applicant appears before the court concerned and participate in the proceedings.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, it is hereby provided that the applicant shall file a surrender application before the court concerned on or before 3rd March, 2023. On receiving the surrender application, the court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicant and for hearing the applicant on surrender application.

On the date fixed by the Court concerned, the applicant will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such application is filed, the same shall be considered by the court below along with the surrender application on the date fixed.

For a period of 20 days or till the surrender application is decided whichever is earlier, no coercive measure shall be taken against the applicant.

In case the applicant does not comply with the present order, the court below shall be free to take such measures for appearance of the applicant as required under the law.

With the aforesaid observation/direction the present Section 482 Cr.P.C. application is disposed of.

Order Date :- 23.2.2023

Sumit Kumar