Jamairam v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 38643 of 2023 Applicant :- Jamairam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J. Heard counsel for the applicant, learned A.G.A for the State and perused the record. This application under Section 482 Cr.P.C. has been filed to quash the non-bailable warrant order dated 06.07.2023 issued by Additional Civil Judge (Junior Division)-I/Judicial Magistrate, Jaunpur, as well as the entire proceeding of Complaint Case No. 1472 of 2019 (Old No. 2149/2018) (Ashwani vs. Jamairam), under section 138 N.I. Act, P.S. Kotwali, District Jaunpur, pending before him. The only submission raised by learned counsel for the applicant is that the court concerned vide order dated 06.07.2023 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. Learned AGA has no objection to the said prayer. The prayer for quashing the entire proceeding of aforesaid criminal case is hereby refused. However, it is provided that if the applicant file an application for recall 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. For a period of four weeks, non-bailable warrant issued against the applicant, be kept in abeyance. In 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. With the aforesaid observations, this application is finally disposed of. Order Date :- 17.10.2023 v.k.updh. High Court of Judicature at Allahabad