Tika Ram Verma v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 41525 of 2023 Applicant :- Tika Ram Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kameshwar Singh,Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicant and learned AGA.

¶2The applicant has invoked the inherent jurisdiction of this court U/S 482 Cr.P.C. assailing the Non-Bailable-Warrant dated

14.8.2023, 30.8.2023 and 07.10.2023 issued by Additional Sessions Judge, Court No.4, Chitrakoot against the applicant in Complaint Case No.3 of 2016, (Sushil Kumar Vs. Tika Ram Verma and others), Under Section 156(3) Cr.P.C., Police Station Mau, District Chitraoot.

¶3After due deliberation at length, without addressing the matter on the merits, learned counsel for the applicant submitted that the present applicant is a Government Employee and he could not receive the summoning order in time, therefore, he could not appear before the court below to participate in the Court proceedings. It is further submitted that there is no intention of the present applicant to avoid the court proceedings, therefore, some protection may be granted to the present applicant so that he may appear before the court below and participate in the court proceedings.

¶4In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to decide the instant application finally, without entering into the merits of the case as mentioned in the instant application, with a direction that the present applicant, in case, surrender/appear and file a bail application within a period of three weeks from today same shall be considered and decided by the Court concerned within a period of two weeks thereafter.

¶5For a period of five weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicant in pursuance of the Non-Bailable-Warrant issued against the present applicant in Complaint Case No.3 of 2016, (Sushil Kumar Vs. Tika Ram Verma and another), Under Section 156(3) Cr.P.C., Police Station Mau, District Chitraoot.

¶6With the aforesaid direction, present application is disposed of. Order Date :- 29.11.2023/vkg High Court of Judicature at Allahabad