The applicant file an Section 482 application to quash non-bailable warrants issued due to his absence from the trial court. The court found no infirmity in the warrant but directed expeditious bail consideration and forbade coercive action for 30 days or until surrender.
Expeditious bail and no coercive action for 30 days or until surrender.
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. - 68
Case :- APPLICATION U/S 482 No. - 19721 of 2019
Applicant :- Chandu Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manvendra Narain Pathak Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
This application under Section 482 Cr.P.C. has been filed on behalf of applicant to quash the order dated 27.03.2019 passed by Judicial Magistrate, Court No. 11, Deoria issuing nonbailable warrants in Complaint Case No. 1701 of 2019 (Babunandan Vs. Ramdulare), under Section 420 I.P.C., P.S. Bhatani, District-Deoria.
Learned counsel for the applicant contended that applicant was out of station as such he could not appear before the trial Court.
As applicant did not appear before the trial court, therefore, there was no option left before the Magistrate except to pass the order issuing non-bailable warrants.
In view of the above, I find no infirmity in the impugned order passed by the concerned Magistrate.
However, it is directed that if applicant surrenders and applies for bail, his bail application shall be decided expeditiously.
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.
With the above directions, this application u/s 482 Cr.P.C. is disposed of .
Order Date :- 17.5.2019 AKT
1 issue framed by the court
Whether the inter-process application under Section 482 Cr.P.C. can be allowed in the circumstances.
1 provisions across 1 enactments
Chandu Yadav
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
