Mamesh Kumar Sahu v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 40564 of 2023 Applicant :- Mamesh Kumar Sahu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brajesh Kumar Solanki,Pranjal Kesarwani Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard Shri Samrat Vikram Singh holding brief of Shri Brajesh Kumar Solanki, learned counsel for the applicant and the learned A.G.A.

¶2The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. to quash the non-bailable warrant dated

05.09.2023 passed in Complaint Case No.6220 of 2018 under Section 138 Negotiable Instrument Act, 2012 Police Station Hussain Ganj, District Fatehpur pending in the court of Additional Chief Judicial Magistrate, Court No.1 Fatehpur, District Fatehpur.

¶3After due deliberations at length, 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 against him. 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.

¶4In 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.

¶5For 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 Complaint Case No.6220 of 2018 under Section 138 Negotiable Instrument Act, 2012 Police Station Hussain Ganj, District Fatehpur pending in the court of Additional Chief Judicial Magistrate, Court No.1 Fatehpur, District Fatehpur.

¶6With the aforesaid observation/direction, the instant application is finally disposed off. Order Date :- 30.11.2023 VR High Court of Judicature at Allahabad