Application seeking quashing of non-bailable warrant and complaints dismissed for lack of infirmity. Applicant granted 30-day no-coercion period to surrender for bail consideration.
30-day moratorium on coercive action; bail to be decided expeditiously if applied.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 17358 of 2019
Applicant :- Jagannath Lal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application U/s 482 Cr.P.C., has been filed by the applicant with the prayer to quash the non bailable warrant dated 27.2.2019 passed by Chief Judicial Magistrate, Siddharth Nagar as well as proceedings of Complaint Case No. 62 of 1997 (Durga Prasad Vs. Ram Surat and others) under Sections 342, 504, 506 IPC, Police Station Dumariyaganj, District Siddharth Nagar.
Learned counsel for the applicant contended that the applicant after his retirement started to reside at different place. Accordingly, he could not appear before the court concerned.
Applicant could not appear before the trial court, therefore, there was no any option for the Magistrate, except to pass order of issuing non bailable warrant against the applicant.
Accordingly, I find no infirmity in the impugned order passed by the trial court.
In result, this application under Section 482 Cr.P.C., stands dismissed .
However, it is directed that if applicant surrender and apply bail, his bail application shall be decided expeditiously according to law, if possible on the same.
For a period of 30 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him.
Order Date :- 7.5.2019 Jaswant
1 issue framed by the court
Whether the impugned non-bailable warrant and complainant complaints should be quashed under Section 482 Cr.P.C.
1 provisions across 1 enactments
Jagannath Lal
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
