An application under Section 482 CrPC for quashing non-bailable warrant orders was refused. However, the High Court stayed coercive action for 30 days to allow the applicant to approach the trial court to seek recall of the warrant.
Coercive action stayed for 30 days; applicant directed to move for recall of non-bailable warrant.
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Court No. - 42
Case :- APPLICATION U/S 482 No. - 23371 of 2018
Applicant :- Suryendra Pal Singh@Bantu Opposite Party :- State Of Up And Another Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the material brought on record.
By way of the instant application, the applicant has sought for quashment of the non-bailable warrant orders dated 10.07.2017 and 25.07.2017 passed by the Additional Sessions Judge, Court No.5, Budaun, in Session Trial No.753 of 2012 State Vs. Raj Kumar and others, arising out of Case Crime No.488 of 2011 under Sections 147, 148, 324, 325, 504, 506, 308 IPC, Police Station Islam Nagar, District Budaun.
Learned counsel for the applicant submits that the applicant wishes to participate in the proceeding and will not absent from ongoing proceeding provided one opportunity is given to him by this Court with direction to appear before the court below within 30 days and move an application for recall of the order issuing non-bailable warrant against him.
Learned AGA has opposed the prayer for quashment of the impugned orders.
Considered the above submissions and perused the impugned order. No good ground is made out for quashment of the impugned order. Accordingly, the prayer for quashment of the orders impugned in the instant application is refused.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within 30 days from today and move
application for recalling the non-bailable warrant, the same shall be considered and disposed of by the court below, expeditiously in accordance with law.
For a period of thirty days from today, no coercive action shall be taken against the applicant.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 13.7.2018 rkg
2 issues framed by the court
Whether the prayer for quashment of non-bailable warrant orders can be allowed given the applicant's undertaking to participate in proceedings.
Whether coercive action should be stayed during the prescribed period while the applicant pursues recall of warrant.
1 provisions across 1 enactments
Suryendra Pal Singh
State Of Up
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
