In an application under Section 482 Cr.P.C., the single judge disposed of the matter by directing the applicant to seek cancellation of a non-bailable warrant before the court below within three weeks.
Non-bailable warrant kept in abeyance for six weeks; applicant directed to seek its cancellation before the court below within three weeks.
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Court No. - 48
Case :- APPLICATION U/S 482 No. - 22819 of 2019
Applicant :- Brahm Pal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Uma Nath Pandey 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.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 12.12.2011 as well as impugned order dated 17.9.2018 passed by the Additional Chief Judicial Magistrate-III, Gautam Budh Nagar in Criminal Case No. 32 of 2012 (State vs. Brahm Pal and another), under Sections 324, 504, 506 and 427 I.P.C., P.S. Phase-II, district-Gautam Budh Nagar, pending in the court of Addl. Chief Judicial Magistrate-III, Gautam Budh Nagar as well as chargesheet dated 12.12.2011.
Learned counsel for the applicant contends that earlier the applicant had been granted bail by the competent court and thereafter he could not appear before the trial court due to old age alilment. Hence nonbailable warrant has been issued against him. He further submits that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and that the applicant has every intention to appear before the court concerned and participate in the trial.
Considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the following direction:
(i) the applicant shall move an application to cancel the nonbailable warrant issued against him before the court below within three weeks from today along with the certified copy of this order;
(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non bailable warrant issued against the applicant or to direct the applicant to file fresh bail bonds within a further period of one week, thereafter;
(iii) for a period of six weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance.
In the event of failure, on part of the applicant to act within time as directed above, the Court below may adopt all coercive measures to ensure his appearance.
Order Date :- 20.6.2019 Faridul
Brahm Pal
Ajit Singh
As recorded by the court registry
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