In Section 482 Cr.P.C. application, the High Court refused to quash the non-bailable warrant due to factual disputes but directed that non-bailable warrant be kept in abeyance if the applicant appears within 30 days and applies for bail, citing settled law.
Non-bailable warrant kept in abeyance for 30 days if applicant appears and applies for bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 49
Case :- APPLICATION U/S 482 No. - 17441 of 2018
Applicant :- Lavi @ Lalit Opposite Party :- State Of U.P. Counsel for Applicant :- Sudhanshu Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Sarvesh Kumar Dubey holding brief of Sri Sudhanshu Srivastava, learned counsel for the applicant and learned A.G.A for the State.
This application under Section 482 Cr.P.C. has been filed to quash the Non Bailable Warrant dated 12.02.2014 issued in Case No. 70 of 2011 by the Member, Juvenile Justice Board, Baghpat.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within 30 days and no more from today and apply for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days and no more, from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of .
Order Date :- 18.5.2018 Lbm/-
2 issues framed by the court
Whether the application under Section 482 Cr.P.C. for quashing the non-bailable warrant is a fit case to quash.
Whether the applicant can be given temporary protection from the non-bailable warrant while applying for bail.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶9
2004 (57) ALR 290 Amrawati and another Vs. State of U.P.
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶9
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
1 provisions across 1 enactments
Lavi @ Lalit
State Of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
