Court No. - 54 Case :- APPLICATION U/S 482 No. - 1194 of 2010 Petitioner :- Bharat Lal Shah Respondent :- State Of U.P. & Another Petitioner Counsel :- J. K. Shishodia Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned AGA.
This application has been filed by the applicants with a prayer to quash the
order of NBW dated 25.11.2009 passed by learned Judicial Magistrate II,
Saharanpur in case no.1025 of 2005, under sections 323, 504, 166 and 167
IPC, P.S.Fatehpur, District-Shaharanpur .
It is contented by the learned counsel for the applicants that due to non
appearance NBW was issued against the applicant, There is no illegality in the
order impugned, the prayer for quashing the NBW is refused.
However, considering the facts and circumstances of the case, it is directed
that applicants move an application for appearance/surrender before the court
concerned within 20 days from today on which the court concerned shall fix
the date of surrender/appearance, in the meantime the court concerned shall
seek the instructions from the prosecution side. In case the applicant moves
the application for bail on the day of the appearance or surrender, the same
shall be considered and disposed of expeditiously on the same day by the
courts below.
Till then NBW issued against the applicant shall be kept in abeyance.
With this direction, this application is finally disposed of.
Order Date :- 18.1.2010
PKC