High Court refused to quash a non-bailable warrant in an appliance under Section 482 Cr.P.C., exercising discretion as per Amrawati and Lal Kamlendra cases.
Prayer to quash warrant refused; granted 3 weeks to appear or recall warrant without coercive action.
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Court No. - 52
Case :- APPLICATION U/S 482 No. - 9499 of 2018
Applicant :- Ikram Opposite Party :- State Of Up And Another Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A.
The present 482 Cr.P.C. petition has been filed for quashing the nonbailable-warrant order dated 9.4.2015 and onwards passed by Judicial Magistrate(I), Agra in Case no. 906 of 2010 (State vs. Ikram), Case Crime no. 277 of 2001, u/s 279, 304A IPC, P.S. Achhnera, District Agra.
The prayer for quashing the order impugned is refused.
However, it is provided that if the applicant files an application for recalling of the non-bailable-warrant issued against him within three weeks from today, the said application may be considered and disposed as expeditiously as possible, in accordance with law or in case, the applicant appears and surrenders before the court below within three weeks from today and applies for bail, his prayer for bail shall 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 three weeks 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 off. Order Date :- 23.3.2018 Dhirendra/
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Explained¶8
2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Explained¶8
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Ikram
State Of Up
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rajul Bhargava
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