Court No. - 16
Case :- U/S 482/378/407 No. - 6529 of 2016
Applicant :- Shyam Kishore Gupta
Opposite Party :- State Of U.P. & Anr.
Counsel for Applicant :- S.A. Khan
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sanjay Harkauli,J.
Heard learned counsel for the petitioner and learned AGA for
the State.
The order under challenge is of issuing Non-bailable Warrant
against the accused when he did not appear on a particular date
before the learned court below.
Admittedly no application for cancellation of the warrant has
been made before the learned trial court and the learned counsel
for the petitioner says that if he is given some time for the
purpose and no coercive action is taken against him during the
said interim period, he is prepared to do the needful before the
learned court below and in the aforesaid circumstance, he want
to surrender before the learned court below.
Accordingly the petition is disposed of with direction that the
applicant shall surrender before the learned court below and
move an application for cancellation of non-bailable warrant
issued against him within 15 days from today. In case such an
application is moved, it shall be considered in the light of the
fact that applicant alleges himself to be person of 77 years of
age that he did not deliberately avoid attending said court
proceedings on the date fixed.
Order Date :- 23.2.2017
Arti/-
Neutral Citation No. - 2017:AHC-LKO:3949