Court declined to quash the non-bailable warrant order, directing applicant to surrender within three weeks for bail consideration; otherwise application dismissed.
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Court No. - 48
Case :- APPLICATION U/S 482 No. - 22745 of 2019
Applicant :- Rajesh Bharti Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 4.9.2018 passed by the Addl. Chief Judicial Magistrate, Court no. 2, Pilibhit in Criminal Case no. 1992 of 2018, arising out of Case Crime no. 496 of 2015, under Sections 147, 148, 149, 435, 336, 427, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Madhotanda, district-Pilibhit by which N.B.W. has been issued against the applicant for enforcing his appearance in aforesaid case after he failed to respond to the summon and bailable warrant issued against him.
After having heard the learned counsel for the applicant and perused the impugned order as well as the materials brought on record, I do not find any justification for quashing the order dated 4.9.2018.
However, it is directed that if 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 no coercive action shall be taken against the applicant. It is being made clear that in case the applicant fails to surrender before the concerned court within the period indicated hereinabove, this application shall stand dismissed without any further reference to the court below. With the aforesaid directions, this application is finally disposed of.
Order Date :- 18.6.2019 Faridul
3 issues framed by the court
Whether the order of Magistrate issuing non-bailable warrant can be quashed under Section 482 Cr.P.C.
Whether relief of bail should be granted contingent on surrender by applicant
Whether coercive action against applicant can be stayed pending surrender
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Distinguished¶7
Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶7
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Rajesh Bharti
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
