Manoj @ Monu v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 39417 of 2023 Applicant :- Manoj @ Monu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devi Dayal Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard counsel for the applicant, 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 03.07.2018 passed by learned Special Judge (D.D.A.), Agra, as well as the entire proceeding of Special Sessions Trial No. 194 of 2018 (State vs. Manoj @ Monu and another), arising out of Case Crime No. 134 of 2018, under sections 392, 411 I.P.C., P.S. Sikandra, District Agra.

¶3The only submission raised by learned counsel for the applicant is that the court concerned vide order dated 03.07.2018 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.

¶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 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.

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

¶8In 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.

¶9With the aforesaid observations, this application is finally disposed of. Order Date :- 9.11.2023/v.k.updh. High Court of Judicature at Allahabad