Amit @ Amir Hasan and Another v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 34938 of 2023 Applicant :- Amit @ Amir Hasan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Patel Counsel for Opposite Party :- G.A.,Ramesh Kumar Patel Hon'ble Gajendra Kumar,J.

¶1Heard counsel for the applicants, 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 05.11.2022 passed by Special Judge (SC/ST Act), Kanpur Nagar against applicant no.1 in Special Criminal Case No.29 of 2012 (State vs. Amir Hasan and others) in connection with Case Crime No.791 of 2011, under sections 363, 366, 376 I.P.C. & 3(1)(x) SC.ST Act, P.S. Chakeri, District Kanpur Nagar, pending in the court of Special Judge (SC/ST Act), Kanpur Nagar and further prayer to stay the further proceedings of the aforesaid case has been made.

¶3The only submission raised by learned counsel for the applicants is that the court concerned vide order dated 05.11.2022 has issued non-bailable warrant for appearance of the applicants. Counsel for the applicants has urged that an opportunity be granted to the applicants 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 applicants file an application for recall/ cancellation of the order issuing non-bailable warrant within four weeks from today, the said application shall be considered by the court concerned and appropriate order shall be passed expeditiously.

¶7For a period of four weeks, no coercive action shall be taken against the applicants.

¶8In the event of failure, on the part of the applicants 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 :- 16.10.2023 Shiv High Court of Judicature at Allahabad