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Prashant Rai vs State Of U.P. And Another on 22 August, 2019


?Court No. – 72

Case :- APPLICATION U/S 482 No. – 32040 of 2019

Applicant :- Prashant Rai

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

Counsel for Applicant :- Shashi Kant Rai

Counsel for Opposite Party :- G.A.

Hon’ble Rajiv Joshi,J.

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

The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 19.11.2016 and Non Bailable Warrant dated 22.5.2019 as well as further proceeding of Case No.496 of 2014, under Sections 498A, Section323, Section504, Section506, Section406, SectionIPC and 3/4 SectionDowry Prohibition Act, P.S. Barahalganj, District Gorakhpur, pending before the Civil Judge (Senior Division-I), Gorakhpur.

The prayer for quashing the order dated 22.5.2019 issuing Non-Bailable Warrant against the applicant is refused. However, considering the facts and circumstances of the present case, the applicant is directed to appear before the concerned court along with an application for recalling the order dated 22.5.2019 issuing Non-Bailable Warrant and in case the applicant appears and files the application within three weeks from today, then the said application be decided by the learned magistrate expeditiously in accordance with law.

For a period of three weeks from today no coercive action shall be taken against the applicant. In case the applicant failed to appear within the aforesaid time before the concerned magistrate, coercive action shall be taken against the applicant in accordance with law.

With the aforesaid direction, the application stands disposed of.

Order Date :- 22.8.2019

T. Sinha



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