Disposed

Ramesh and 6 Others v. State of Up and Another

Allahabad HC7 Dec 2019A482/45100/2019

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. filed to quash an order calling for attendance, the court found no grounds to set aside the non-bailable warrant. However, the court directed the applicants to surrender within 30 days while keeping the warrant in abeyance. Failure to comply would invite coercive steps.

What did the court decide?

Application dismissed; direction to surrender within 30 days; non-bailable warrant kept in abeyance for 30 days.

Ramesh and 6 Others Vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 45100 of 2019

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Applicant :- Ramesh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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

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This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 21.9.2019 passed by the Judicial Magistrate, Chakiya, Chandauli by which non bailable warrant has been issued against the applicants in pursuance to criminal case no. 426 of 2009, case crime no. 9 of 2009, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D. P. Act, Police Station Chakarghatta, district Chandauli.

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Learned counsel for the applicants contended that the reasons on account of which the applicants failed to appear before the trial court were beyond his control and the applicants have every intention to appear before the court concerned and participate in the proceedings of the trial.

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Learned A.G.A. appearing for the State opposed the prayer.

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Having regard to the facts and circumstances of the case, after perusing the impugned order as well as the material brought on record and having considered the submissions made by the learned counsel for the parties, I do not find any good ground to quash the impugned order. The prayer made in the application is refused.

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However, the application is disposed of with a direction to the applicants to surrender before the court below 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 non bailable warrant issued against the applicants shall be kept in abeyance.

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In case of default, the court below will be at liberty to take all the coercive steps against the applicants for ensuring his/her appearance.

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With the above observations, the application stands disposed of. Order Date :- 7.12.2019

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Sachdeva

Ramesh and 6 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Ramesh 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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