Disposed
Mahesh Saini v. State of U.P. and Another
Allahabad HCA482/38076/2018
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Case :- APPLICATION U/S 482 No. - 38076 of…
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Case :- APPLICATION U/S 482 No. - 38076 of…
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Court No. - 45
Case :- APPLICATION U/S 482 No. - 38076 of 2018
Applicant :- Mahesh Saini Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashi Bhushan Mishra,Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugnedNon-Bailable Warrant order dated 26.6.2018 passed by Chief Judicial Magistrate, Mathura in Case No. 1082/IX/2015 (State Vs. Mahesh Saini), Case Crime No. 438 of 2014, under Sections 3/25 of the Arms Act, Police Station Govind Nagar, District Mathura.
Learned counsel for the applicant contends that earlier the applicant had been granted bail by the competent court and thereafter he could not appear before the trial court. Hence non-bailable warrants have been issued against him. He further submits that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and that the applicant has every intention to appear before the court concerned and participate in the trial.
Considered the submissions made by the learned counsel for the applicants and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the following direction:
(i) the applicant shall move an application to cancel the non-bailable warrant issued against them before the court below within three weeks from today along with the certified copy of this order;
(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non-bailable warrants issued against the applicant or to direct the applicant to
file fresh bail bonds within a further period of one week, thereafter;
(iii) for a period of six weeks from today, nonbailable warrants issued against the applicant shall be kept in abeyance.
In the event of failure, on part of the applicant to act within time as directed above, the Court below may adopt all coercive measures to ensure his appearance.
Order Date :- 5.12.2018 Atul kr. sri.
Mahesh Saini
State Of U.P.
Siddharth
As recorded by the court registry
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