Court No. - 45 Case :- APPLICATION U/S 482 No. - 174 of 2010 Petitioner :- Darvesh Kumar Sharma Respondent :- State Of U.P.And Another Petitioner Counsel :- Neelam Tripathi,K.M.Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Vijay Kumar Verma,J.
Heard Sri K.M. Tripathi, Advocate, appearing for the applicant and AGA for
the State.
From the record, it transpires that the applicant Darvesh Kumar Sharma was
on bail in case crime No. 23 of 1998, under section 2/3 Gangster Act, P.S.
Hathras Gate, District Hathras. When the charge-sheet was submitted, S.T.
No. 73 of 1999 (State vs. Madan & others) was registered, but the applicant
became absent. Hence non-bailable warrant was issued against him. Prayer to
quash the order dated 26.11.2009 issuing non-bailable warrant has been made
in this application under section 482 Cr.P.C.
Having gone through the record and after hearing the parties counsel, the
impugned order cannot be quashed as there is no illegality in the said order.
However, considering the facts and circumstances of the case, it is directed
that if the applicant moves application for appearance/surrenders before the
court concerned within 30 days from today, the court concerned shall fix date
on that application for surrenders/appearance. In the meantime the court
concerned shall seek instruction from the prosecution side. In case, the
applicant moves the application for bail on the day of appearance or
surrenders, the same shall be considered and disposed of expeditiously by the
courts below, keeping in view the provisions of U.P. Gangsters Anti-Social
Activities (Prevention) Act, 1986.
With this direction, the application is finally disposed of.
Order Date :- 7.1.2010
v.k.updh.