The High Court accepted the applicant's undertaking to surrender by 19 July 2018 and granted protection from coercive action under Section 482 Cr.P.C. until that date, with a proviso for immediate action if the undertaking is violated.
Protection from coercive action until 19 July 2018; applicant to appear and surrender by then.
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Court No. - 48
Case :- APPLICATION U/S 482 No. - 23052 of 2018 Applicant :- Bhagwan Dei Opposite Party :- State Of Up And Another Counsel for Applicant :- Kailash Nath Singh Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and the learned AGA.
This application under Section 482 Cr.P.C has been filed for quashing the order of non-bailable warrant dated 6 December 2015 issued against the applicant in Sessions Trial No. 988/2008 (State Vs. Bablu) arising out of Case Crime No. 323 of 2008 under Sections 363, 366, 376 IPC, P.S.-Chandausi, District Sambhal.
The only prayer advanced on this petition is for protection being accorded in respect of the non-bailable warrant issued on 6 December 2015.
Learned counsel for the applicant states the applicant undertakes to appear and surrender before the concerned Court on or before 19 July 2018 and till that date protection may be accorded. Accordingly the statement made is recorded and accepted.
It is hereby provided that the applicant shall appear before the concerned Court and surrender on or before 19 July 2018. Till 19 July 2018, no coercive action shall be taken against the applicant. It is further clarified that in case the applicant fails to abide by the undertaking noted and recorded above, it shall be open to the concerned Court to take all measures as available in law against the applicant for ensuring his appearance before it.
The application is accordingly disposed of.
Order Date :- 11.7.2018 nethra
1 issue framed by the court
Whether an undertaking to appear and surrender before a specified date warrants quashing of a non-bailable warrant and granting protection from coercive action until that date.
1 provisions across 1 enactments
Bhagwan Dei
State Of Up
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
