Disposed

Ravindra Sharma v. State of U.P. and Another

Allahabad HC3 Oct 2018A482/35027/2018

Case brief

AI extract

What is this about?

The court considered an application under Section 482 Cr.P.C. seeking quashing of a non-bailable warrant due to the applicant's non-appearance. The court directed the applicant to appear before the court to participate and placed the warrant in abeyance, allowing him to apply until a specified date.

What did the court decide?

Non-bailable warrant held in abeyance; applicant directed to appear before Chief Judicial Magistrate, Muzaffar Nagar, by 31.10.2018 or before proceedings resume under N.B.W.

Ravindra Sharma Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 42

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Case :- APPLICATION U/S 482 No. - 35027 of 2018

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Applicant :- Ravindra Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lokesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the N.B.W. order dated 19.5.2018 issued by learned Chief Judicial Magistrate, Muzaffar Nagar as well as entire proceedings in Complaint Case No.5703/9 of 2010 (State of U.P. vs. Ravindra), under Section-29 of Insecticides Act, Police Station-Thana Bhawan, District-Muzaffar Nagar pending in the court of Chief Judicial Magistrate, Muzaffar Nagar.

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From perusal of the various aspects of this case brought before this Court and particularly the order-sheet, copy whereof is annexed as Annexure no.4, it appears that the applicant absented himself from the proceedings of the court, due to which non bailable warrant was issued against him.

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At this juncture, promise has been made by the learned counsel for the applicant that the applicant wishes to participate in the proceedings, if one last chance is given to him. He further promises that the applicant will always cooperate with the ongoing proceedings and will not occasion any delay on his part.

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Considered the submissions so raised and particularly the fact of non-appearance of the applicant, whereafter, I am of the view that the applicant should be given an opportunity to participate in the ongoing proceedings as per the promise made by him before this Court that he will participate in the proceedings and he will not occasion any delay in disposal of this case.

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In view of above, the relief sought by way of quashment of the proceedings, though it is not admissible at this stage because the applicant was required to produce himself before the Court of Chief Judicial Magistrate, Muzaffar Nagar in answer to the non bailable warrant issued against him. However, insofar as the impugned order dated 19.5.2018 is concerned, it may be observed that for the first time, non bailable warrant was issued

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against the applicant on 18.10.2013 due to his non-appearance before the court, copy whereof is annexed as Annexure no.4. Since then, the applicant has not attended the proceedings of the aforesaid case.

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For the reasons stated herein above, applicant is directed to appear before the Chief Judicial Magistrate, Muzaffar Nagar to participate in the proceedings of the case or any other court concerned of District Muzaffar Nagar in answer to the nonbailable warrant. It is further directed that the applicant may move an appropriate application on or before 31.10.2018 before the court concerned and if any such application is moved, the court shall consider the same on its merit and shall pass an appropriate order as required under law.

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Till 31.10.2018 or appearance of the applicant in court, effect and operation of the non-bailable warrant issued against the applicant, shall remain in abeyance.

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In case, the applicant does not appear/surrender before the court concerned, this order will be of no to avail to him and the court below shall be free to proceed further with the case in accordance with law.

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With the above direction, the instant application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 3.10.2018 S Rawat

Ravindra Sharma v. State of U.P. and Another

Case brief

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Ravindra Sharma v. State of U.P. and Another

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