Partly allowed

Sher Singh and 2 Others v. State of U.P. and Another

Allahabad HC12 Jun 2019A482/22556/2019

Case brief

AI extract

What is this about?

The High Court heard an application seeking quashing of a Non-Bailable Warrant issued against the applicants. The Court found the issuance was justified as there was no alternative to secure their attendance. The prayer was refused with directions to surrender within 30 days to avail bail.

What did the court decide?

Prayer for quashing of N.B.W. refused; applicants directed to surrender within 30 days for bail consideration; no coercive action during this period.

Sher Singh and 2 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 2

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Case :- APPLICATION U/S 482 No. - 22556 of 2019

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Applicant :- Sher Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- M.C. Singh,Dushyant Singh Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh-I,J.

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Heard Sri Dushyant Singh, learned counsel for the applicants and Sri I.P. Rajpoot, learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed seeking the quashing of order dated 29.03.2019 passed by Special Judge, S.C./S.T. Act / Additional District and Sessions Judge, Bulandshahr in S.S.T. No. 3448 of 2018 arising out of Case Crime No. 69 of 2018 under Sections 323, 504, 506 I.P.C. and Section 3(1) (dha) S.C./S.T. Act, Police Station Khurja Dehat, District Bulandshahr by which the N.B.W. issued against the applicants.

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The contention of learned counsel for the applicants is that accused could not appear before the trial court only on three days because of which N.B.W. has been issued against them, copy of the order-sheet has been annexed from page nos. 31 to 36 and the same is prayed to be quashed.

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Learned A.G.A. has vehemently opposed the prayer for quashing.

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I have seen the record and find that the trial court has rightly issued the N.B.W. against the applicants as there was no option left to it but to issue N.B.W. against the applicants to procure their attendance.

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In view of the above, I find that there is no ground to quash the N.B.W. issued against the applicants and the said prayer is refused.

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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 their bail application shall be considered and decided in accordance with 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

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action shall be taken against them.

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With the aforesaid directions, this application is finally disposed of.

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Order Date :- 12.6.2019 A. Mandhani

Sher Singh and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sher Singh and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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