Disposed

K.K Sharma and 6 Others v. State of Up and Another

Allahabad HC8 Aug 2019A482/28016/2019

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash an order issuing a non-bailable warrant. Court found no infirmity or illegality. Quashing prayer refused but direction given to decide bail application if applicants surrender within 30 days, during which N.B.W. stays in abeyance.

What did the court decide?

Prayer to quash N.B.W. refused. Direction given to consider bail application within 30 days by applicants; N.B.W. in abeyance for 30 days.

K.K Sharma and 6 Others Vs State of Up and Another — Bail and Remand | Allahabad HC (2019)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 28016 of 2019

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Applicant :- K.K Sharma And 6 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Anand Prakash Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the order dated 20.05.2019 issuing nonbailable warrant in complaint case no. 448 of 2012 under Section 147, 148, 323, 324, 325, 342, 504, 506 IPC, Police Station Civil Lines, District - Meerut, pending in the court of Judicial Magistrate-II, Meerut.

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Heard learned counsel for the applicants and the learned AGA appearing for the State.

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A perusal of the record reveals that the summoning order was passed in accordance with law. Non-bailable warrant was issued when the applicants did not appear before the court concerned despite service of summon. Issuance of non-bailable warrant is within the jurisdiction of the court concerned.

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Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.

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At this stage, learned counsel for the applicants prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicants.

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Hence, it is directed that in case the applicants surrender and apply for bail within 30 days from today, the same shall be considered and decided in view of the settled law. For a period of 30 days from today, effect and operation of the N.B.W. shall remain in abeyance.

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It is made clear that no further time shall be allowed to the applicants to surrender before the court concerned.

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With the above observations, the application stands disposed of.

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Order Date :- 8.8.2019 Sanjeet

K.K Sharma and 6 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

K.K Sharma and 6 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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