Ramu @ Shiv Kumar v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 38461 of 2023 Applicant :- Ramu @ Shiv Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard 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 to quash the non-bailable warrant order dated 06.04.2018 as well as the entire proceeding of S.T. No.258 of 2005 (State vs. Rakesh and others) in connection with case crime no.05 of 2005, under section 302 I.P.C., P.S. Raya, District Mathura, pending in the court of Additional District Judge-IV, Mathura and further prayer to stay the further proceedings of the aforesaid case has been made.

¶3The only submission raised by learned counsel for the applicant is that the court concerned vide order dated 06.04.2018 has issued non-bailable warrant for appearance of the applicant. Counsel for the applicant has urged that an opportunity be granted to the applicant to file an application for recall of the order issuing non-bailable warrant/ move an application for bail.

¶4Learned AGA has no objection to the said prayer.

¶5The prayer for quashing the entire proceeding of aforesaid criminal case is hereby refused.

¶6However, it is provided that if the applicant files an application for recall of the order issuing non-bailable warrant/ move an application for bail within four weeks from today, the said application shall be considered by the court concerned and appropriate order shall be passed expeditiously.

¶7For a period of four weeks, the effect and operation of non bailable warrant issued against the applicant shall be kept in abeyance.

¶8In the event of failure, on the part of the applicant to act within time as directed above, the court concerned may adopt all coercive measures to ensure the appearance.

¶9With the aforesaid observations, this application is finally disposed of. Order Date :- 3.11.2023 Shiv High Court of Judicature at Allahabad