Gaya Prasad Yadav v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 39652 of 2023 Applicant :- Gaya Prasad Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Yadav 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 order dated 16.03.2020 issuing Non Bailable Warrant in criminal case No. 4088 of 2010 (State Vs. Ram Bharat Yadav and others) in N.C.R. No. 82 of 2009/Case Crime No. 533 of 2009 and further prayed to stay the order. The only submission raised by learned counsel for the applicant is that the court concerned vide order dated 16.03.2020 has issued non-bailable warrant for appearance of the applicant. It is submitted that without issuing summons the court has issued non-bailable warrant. 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/ move an application for bail. Learned AGA has no objection to the said prayer. The prayer for quashing the entire proceeding of criminal case arising out of charge-sheet is refused. However, it is provided that if the applicant file an application for recall of the order issuing non-bailable warrant/ move an application for bail 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, NBW issued against the applicant shall 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 :- 28.10.2023 Suraj Srivastav High Court of Judicature at Allahabad