Single judge quashed relief of the applicant, dismissed prayer for quashing non-bailable warrant orders, held no illegality in issuance for appearance, permitted bail consideration if applicant surrenders within 30 days referencing Apex Court precedent.
Prayer for quashing N.B.W. refused; bail may be considered for 30 days if applicant appears.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 17
Case :- APPLICATION U/S 482 No. - 5806 of 2018
Applicant :- Tan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Pradeepta Kumar Shahi,Birendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This Application under Section 482 Cr.P.C. has been filed for quashing the orders dated 23.11.2017, 16.12.2017 and 12.01.2018 of Criminal Case No. 14511 of 2017 (State Vs. Tan Singh), under Section 60(2) Excise Act, Police Station Kanth, District Moradabad.
The contention of learned counsel for the applicant is that the charge-sheet was filed on 6.05.2017 and the cognisance was taken by the court on 19.9.2017, thereafter, only two dates were fixed on which the accused applicant was issued summons which could not be served upon him, thereafter, on the next date on 23.11.2017 straightway N.B.W. was issued against him and, thereafter, on subsequent two dates i.e. 16.12.2017 and 12.1.2018 also N.B.W.s were issued which have been prayed to be quashed by the present applicant under Section 482 Cr.P.C.
Perusal of the record indicates that the said N.B.W. was issued only to procure the presence of the accused, hence, there does not seem any illegality in the order, therefore, the prayer for quashing the N.B.W. is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail may be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 9.3.2018 A. Mandhani
3 issues framed by the court
Whether issuance of N.B.W. against the applicant for non-appearance constitutes an abuse of the process of court warranting quashing under Section 482 Cr.P.C.
Whether there is any illegality in the orders of the lower court issuing N.B.W. which were issued solely to procure the presence of the accused.
Under what conditions bail may be considered for the applicant if he appears before the court within the stipulated time.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶8
2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶8
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
2 provisions across 2 enactments
Tan Singh
State Of U.P.
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
