Surendra Kumar Yadav v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 37453 of 2023 Applicant :- Surendra Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Pratap Singh,Sushil Kumar Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned 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 by the applicant with the prayer to quash the NBW dated

22.05.2023 passed by Judicial Magistrate/ Additional Civil Judge (Jr. Div.)-VIth, Court No.1, Varanasi in Complaint Case No. 42561 of 2021 (Ganesh Ji Mishra Vs. Surendra Kumar Yadav), under Section 138 of N.I. Act, Police Station Lanka, District Varanasi.

¶3From perusal of the record, it transpires that on account of failure of the applicant to appear before the court below, non-bailable warrant has been issued against him vide order dated 22.05.2023.

¶4Learned counsel for the applicant has submitted that the interest of justice shall be served, provided some protection is granted by this Court to enable the applicant to appear before the court below.

¶5Considering the facts and circumstances of the case, it is provided that the applicant shall appear before the court concerned within three weeks from today and move an application for recall/ cancellation of non-bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.

¶6For a period of three weeks from today, the execution of non-bailable warrant issued against the applicant shall remain stayed.

¶7In case of default, the interim protection granted by this Court shall stand automatically vacated and the court below shall be free to proceed against the applicant in accordance with law.

¶8With the aforesaid direction, this application under Section 482 CrPC is finally disposed of. Order Date :- 23.11.2023 Nadim High Court of Judicature at Allahabad