Single judge dismissed an application under Section 482 Cr.P.C. to quash an order issuing a non-bailable warrant, holding no infirmity existed, but stayed operation for 30 days pending surrender.
Prayer to quash refused; operation of non-bailable warrant stayed for 30 days to surrender and apply for bail.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 33930 of 2019
Applicant :- Smt. Prabha And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the order dated 16.10.2018 issuing non-bailable warrant in case no.491 of 2014 under Sections 465, 120-B IPC, Police Station, Etmadaulla, District - Agra pending in the court of Additional Chief Judicial Magistrate, Court No.10, Agra. Further prayer has been made to stay the aforesaid order.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
A perusal of the record reveals that the summoning order was passed after recording the statement under Sections 200 and 202 Cr.P.C. of the complainant as well as the witnesses. Non-bailable warrant was issued when the applicants did not appear before the court concerned despite service of summon. Issuance of nonbailable warrant is within the jurisdiction of the court concerned.
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.
However, it is observed that in case the applicants surrender and apply for bail within thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, effect and operation of the N.B.W. shall remain in abeyance.
It is made clear that no further time shall be allowed to the applicants to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 18.9.2019
safi
1 issue framed by the court
Whether there is any infirmity or illegality in the order issuing non-bailable warrant that warrants quashal under Section 482 Cr.P.C.
1 provisions across 1 enactments
Smt. Prabha And Another
Om Prakash-VII
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
