Nazim v. State of U.P

Court No. - 89 Case :- APPLICATION U/S 482 No. - 39763 of 2023 Applicant :- Nazim Opposite Party :- State of U.P. Counsel for Applicant :- Zafar Abbas,Sarve Nazir Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicant to quash non bailable warrant dated 18.09.2018 issued against the applicant and proceedings of S.T. No.1104 of 2013 (State Vs. Nazim) arising out of Case Crime No.27 of 2013, under Sections 395, 511 I.P.C., P.S. Katghar, District Moradabad, pending in the court of Special Judge/Additional Sessions Judge, Court no. 4, Moradabad.

¶3At the outset learned counsel for the applicant gave up his challenge to the aforesaid Non-bailable warrant and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously.

¶4Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period.

¶5In view of the above, the relief as sought by the applicant in the instant application is refused.

¶6However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within two weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law.

¶7For the period of two weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant dated 18.09.2018 shall be kept in abeyance.

¶8With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 30.10.2023 Meenu Singh High Court of Judicature at Allahabad