Sanjay Singh @ Sanjay Singh Vishen v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 41415 of 2023 Applicant :- Sanjay Singh @ Sanjay Singh Vishen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicant and the learned A.G.A. for the State.

¶2The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. to quash the order dated 26.09.2022 passed by the Additional District & Sessions Judge, Court No. 5, Gorakhpur in S.T. No. 64 of 2012 arising out of Case Crime No.239 of 2011 under Section 8/20 N.D.P.S. Act, Police Station Gorakhnath, District Gorakhpur.

¶3After due deliberations, without addressing on the merits of the case, it is submitted by learned counsel for the applicant that due to some personal difficulty the present applicant could not appear before the court concerned in time to participate in the criminal proceeding which led issuance of non-bailable warrant dated

26.09.2022 and, at later stage, proclamation under Section 82 Cr.P.C. as well by the order dated 01.08.2022. It is further submitted that applicant is not intending to ignore the court proceeding, therefore, some protection may be granted to the applicant to appear before the court concerned and participate in the proceeding.

¶4Learned A.G.A. has no objection to the aforesaid prayer of the applicant.

¶5In this conspectus as above, no useful purpose would be served to keep this application pending, therefore, this Court deems it appropriate to decide the instant application finally, without entering into the merits of the case as averred in the instant application, with a direction that, in case, the present applicant appears/surrenders before the court concerned along with a certified copy of this order and move bail application within two weeks from today, same shall be considered and decided by the court concerned within a period of two weeks thereafter. For a period of four weeks or till the disposal of bail application, whichever is earlier, no coercive action shall be taken against the present applicant in Case Crime No.239 of 2011 under Section 8/20 N.D.P.S. Act, Police Station Gorakhnath, District Gorakhpur.

¶6With the aforesaid observation/direction, the instant application is finally disposed off. Order Date :- 21.11.2023 VR High Court of Judicature at Allahabad