Tej Pratap Singh v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10124 of 2023 Applicant :- Tej Pratap Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Saurabh Kumar,Pawan Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed by the applicant to quash the order dated 19.12.2008 passed by Special Judge, U.P. Gangster and Anti-Social Activities (Prevention) Act, Faizabad in Gangster Case No. 200 of 2008 (State Vs Awadhesh Singh and others) arising out of Case Crime No. 794 of 2008 lodged under Sections 3 (1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Kadipur, District - Sultanpur as well as Non-Bailable Warranted issued by the Special Judge, Gangster Act/F.T.C. II, Sultanpur in Criminal Case No. 7391 of 2012 (State Vs Awadhesh Singh and others) on 17.09.2022. It is further submitted that non-appearance before the court below is not deliberate but it had happened due to unavoidable circumstances. Learned counsel for the applicant submits that the applicant undertakes that he will not further jump the conditions of bail and will remain present on each and every date fixed by the court below. Learned counsel further undertakes that the applicant will appear before the court below within a period of two weeks and apply for bail. Learned AGA for the State has no objection to the contention aforesaid. In view of the aforesaid submissions, for the period of two weeks, non bailable warrant dated 17.09.2022. issued against the applicant shall remain stayed. However, if the applicant does not appear before the court below within the aforesaid period, this order shall stand revoked and no benefit of this order shall accrue to him. The application is disposed of. Order Date :- 16.10.2023 Manoj K. High Court of Judicature at Allahabad, Lucknow Bench