Abrar @ Monu v. State of U.P

Court No. - 91 Case :- APPLICATION U/S 482 No. - 33761 of 2023 Applicant :- Abrar @ Monu Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Chaurasia,Amit Singh Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard counsel for the applicant, learned A.G.A for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed to quash the non-bailable warrant order dated 02.01.2021 as well as the entire proceeding of S.T. No64/2015 (State vs. Abrar @ Monu, under sections 302, 201, 120-B I.P.C., P.S. Atrauli, District Aligarh, pending in the court of Session Judge, Aligarh and further prayer to stay the further proceedings of the aforesaid case has been made.

¶3The only submission raised by learned counsel for the applicant is that the court concerned vide order dated 02.01.2021 has issued non-bailable warrant for appearance of the applicant. Counsel for the applicant has urged that an opportunity be granted to the applicant to file an application for recall of the order issuing non-bailable warrant.

¶4Learned AGA has no objection to the said prayer.

¶5The prayer for quashing the entire proceeding of aforesaid criminal case is hereby refused.

¶6However, it is provided that if the applicant files an application for recall of the order issuing non-bailable warrant within three weeks from today, the said application shall be considered by the court concerned and appropriate order shall be passed expeditiously.

¶7For a period of three weeks, non bailable warrant issued against the applicant shall be kept in abeyance.

¶8In the event of failure, on the part of the applicant to act within time as directed above, the court concerned may adopt all coercive measures to ensure the appearance.

¶9With the aforesaid observations, this application is finally disposed of. Order Date :- 13.10.2023 Shiv High Court of Judicature at Allahabad