Vishnu Dutt Alias Vishnu Avtar Shastri v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 39627 of 2023 Applicant :- Vishnu Dutt Alias Vishnu Avtar Shastri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Avtar Sharma 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 03.07.2017 as well as the entire proceeding of Case No. 3878 of 2016 (State vs. Vishnu Autar and others), arising out of Case Crime No. 374 of 2014, under sections 147, 148, 323, 504, 427, 332, 336 I.P.C., P.S. Brahmpuri, District Meerut, pending in the court of Special Chief Judicial Magistrate, Meerut. The only submission raised by learned counsel for the applicants is that the court concerned vide order dated

03.07.2017 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 and non-bailable warrant 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, no coercive action shall be taken against the applicants. 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 :- 3.11.2023 v.k.updh. High Court of Judicature at Allahabad