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Anwar Ali vs State Of U.P. And Another on 5 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 30121 of 2019

Applicant :- Anwar Ali

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Vijendra Kumar Mishra

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant and learned Additional Government Advocate representing the State.

By means of this application under Section 482 Cr.P.C., the applicant has prayed for quashing of Non Bailable Warrant dated 25.5.2015 arising out of case crime no. 25 of 2010 and proceedings of case no. 200 of 2011 (State Vs. Anwar Ali and others), under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Gorakhpur pending in the Court of Additional Chief Judicial Magistrate, Court No.2, Gorakhpur.

The record indicates that the applicant was granted bail, and thereafter, he does not appear before the trial court, therefore, non bailable warrant was issued against him.

Learned counsel for the applicant submits that the applicant was granted bail in this case on 25.6.2010 by the Court of Session Judge, Gorakhpur, but thereafter on account of non-appearance Non Bailable Warrant issued against him on 25.5.2015.

Per contra, learned AGA contended that non-bailable warrant has been issued in the year 2015 and since then applicants is absconding.

Admittedly, order sheets of the lower court show that applicant is playing hide and seek with the court since 2015 i.e. for the last about four years and want this Court to come to his rescue by exercising its inherent jurisdiction.

Having considered the submissions of the parties and looking into the conduct of the applicant in the lower court, I find no good ground to interfere with the order of lower court issuing non-bailable warrant dated 25.5.2015 against the applicant and further proceedings pursuant thereto.

Accordingly, the relief claimed by the applicant is refused.

However, it is provided that if the applicant appear before the court concerned within ten days from today and applies for bail, his prayer for bail shall be heard and disposed of as early as possible in view of the law laid down in Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon’ble Apex Court in (2009) 4 Supreme Court Cases, 437, Lal Kamlendra Pratap Singh Vs. State of U.P.

For a period of ten days from today no coercive action shall be taken against the applicant.

With the aforesaid direction, the application is disposed of.

Order Date :- 5.8.2019

AK Pandey

 

 

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