Disposed

Gitesh Sharma and 6 Others v. State of U.P. and Another

Allahabad HC10 Jun 2019A482/21195/2019

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. seeking to quash a non bailable warrant and proceedings under Sections 82/83 Cr.P.C. While noting procedural lapses in the issuance of warrants, the Court directed that accused applicants surrender within 30 days. During this period, no coercive action shall be taken. Failure to surrender will attract coercive action.

What did the court decide?

Warrant and proceedings quashed subject to surrender within 30 days; no coercive action during this period if surrendered.

Gitesh Sharma and 6 Others Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2019)

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Court No. - 2 Case :- APPLICATION U/S 482 No. - 21195 of 2019 Applicant :- Gitesh Sharma And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh-I,J.

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Heard Sri Santosh Kumar Singh, learned counsel for the applicants and Sri Vimal Kumar Pandey, learned A.G.A. for the State and perused the record.

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The present application u/s 482 Cr.P.C. has been moved with a prayer to quash the impugned non bailable warrant dated 7.12.2018 as well as proceedings under Section 82/83 Cr.P.C. dated 28.1.2019 arising out of Criminal Case No. 2156 of 2018 (State Vs. Savita Rani and others), in Case Crime No. 137 of 2018, under Section 420, 467, 468, 471, 380, 427, 506 and 120-B IPC, P.S. Mandi Dhanaura, District Amroha.

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It has been argued by the learned counsel for the applicants that the non bailable warrant issued against the applicants as well as proceedings u/s 82 and 83 Cr.P.C. dated 28.1.2019 be quashed.

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Learned A.G.A. has opposed the prayer of quashing.

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It appears from the perusal of the order sheet, copy of which has been annexed at page 83 to 84, that the charge sheet was filed on 12.9.2018, whereafter cognizance was taken by the trial court in this matter and first date 11.10.2018 was fixed for appearance of the accused but because of the accused applicants remaining absent, the said process has been directed to be issued to procure the appearance of the accused-applicants.It is mandatory in law that after issuing the non bailable warrant, if the accused can not be arrested by police, warrant under Section 82 Cr.P.C. may be got issued and thereafter, after one month of that if the accused do not appear/arrested, the warrant under Section 83 Cr.P.C. may be procured from the court by police for execution. It appears that the said procedure has not been followed in the present case but this Court finds that the accused must face trial before the court below.

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However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicants be considered and decided in accordance with the law. 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 applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.

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With this direction, application u/s 482 Cr.P.C. stands disposed of.

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Order Date :- 10.6.2019/A.P. Pandey

Gitesh Sharma and 6 Others v. State of U.P. and Another

Case brief

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Gitesh Sharma and 6 Others v. State of U.P. and Another

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