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Allahabad High Court · body

2016 DIGILAW 995 (ALL)

Sanjay Singh v. State of U. P.

2016-03-17

OM PRAKASH VII

body2016
JUDGMENT Om Prakash-VII,J. On oral prayer, learned counsel for the applicant is permitted to correct the Section in the prayer clause as well as in the memo of application during the course of the day. 2. The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 22.2.2016 issuing non-bailable warrant in criminal appeal no. 57 of 2015 under Section 138 Negotiable Instrument Act, Police Station, Banna Devi, District - Aligarh pending in the court of Additional Sessions Judge, Court No. VI, Aligarh. 3. Heard learned counsel for the applicant and the learned AGA appearing for the State. 4. A perusal of the record reveals that on last several dates, the applicant filed adjournment application on various grounds. On 22.2.2016 also the applicant did not appear before the court and filed adjournment application through counsel, which was rejected by the court concerned observing that the adjournment applications were being filed with the intention to delay the matter and non-bailable warrant was issued against the applicant. Issuance of non-bailable warrant is within the jurisdiction of the court concerned. 5. Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused. 6. However, it is observed that in case the applicant surrenders and applies for bail within fifteen days from today, the same shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 and affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (3) ADJ 322 (SC). For a period of fifteen days from today, effect and operation of the N.B.W. shall remain in abeyance. 7. It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned. With the above observations, the application stands disposed of.