Application under Section 482 Cr.P.C. filed to quash non-bailable warrant issued due to applicant's absence. Court dismissed the application but directed fresh bail hearing if applicant appears within three weeks.
Application dismissed; application for bail to be heard if applicant appears within three weeks.
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Court No. - 46
Case :- APPLICATION U/S 482 No. - 38064 of 2018
Applicant :- Pratap Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and the learned AGA and have taken through the record.
By means of the present application under Section 482 Cr.P.C. the applicant has invoked inherent jurisdiction of this Court with a prayer to quash the order dated 26.9.2016l passed by Additional Chief Judicial Magistrate Court No.10 Fatehpur whereby non-bailable warrant has been issued against the applicant in Case No. 148 of 2010 under sections 323/504/506 IPC, Police Station Jahanabad District Fatehpur.
It is submitted by the learned counsel for the applicant that the applicant had surrendered before the court below and was released on bail by the Judicial Magistrate Fatehpur vide order dated 22.7.2010. The applicant was regularly appearing before the court below but on account of sad demise of his father, the family of the applicant was sunk in great distress and the applicant had to go out of district for earning survival. The applicant undertakes to appear
before the court below on each and every date as directed by the court below.
Per contra learned AGA contended that the applicant has misused the liberty of bail hence he does not deserve any indulgence. The order passed by the learned court below does not suffer from any legal or procedural infirmity or perversity.
From the perusal of the materials on record and looking into the facts and after considering the arguments of the learned AGA for the State, it cannot be said that the order passed by the court below suffer from any legal or procedural flaw or vulnerability. The applicant has avoided to appear before the court below on the date fixed thus the order dated 26.9.2016 passed by the court below does not call for any interference. The application u/s 482 Cr.P.C. is bereft of merits and is accordingly dismissed.
However, considering the facts and the circumstances of the case , it is directed that in case applicant appears before the court concerned in the aforesaid case within three weeks from today and apply for bail, the same shall be heard and disposed of in accordance with law.
Order Date :- 27.10.2018 Naim
3 issues framed by the court
Whether to quash the order of issue of non-bailable warrant under Section 482 Cr.P.C.
Whether the applicant deserves bail after defaulting in appearance for three years
Whether the order passed by the Additional Chief Judicial Magistrate can be disturbed
Colour shows how this judgement treated each authority
nullReferred
2 provisions across 2 enactments
Pratap Singh
State Of U.P.
Naheed Ara Moonis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
