Foreign court dismissed bail exemption application, directed applicant to move fresh application to recall non-bail warrant, stayed coercive processes till the next hearing date.
Stayed operation of non-bail warrant and other coercive processes against the applicant till the next date fixed in the matter.
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Court No. - 74
Case :- APPLICATION U/S 482 No. - 45130 of 2019
Applicant :- Smt. Anwari Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This Application U/S 482 has been filed with the prayer to quash the order dated 22.11.2019 (Annexure No. 9) passed by the Chief Judicial Magistate, Mau in case no. 4247 of 2014 (State Vs. Tikka Khan @ Pintu Khan and another) arising out of crime no. 215 of 2014, under Sections 498-A, 323, 506 IPC and Section 3/4 D. P. Act, P.S. Ghosi, district Mau. Further prayer has been made to stay the effect and operation of the order aforesaid.
Heard learned counsel for the applicant and learned A.G.A.
Present applicant after obtaining bail is participating in the trial proceeding. One application on behalf of the applicant was moved to exempt the personal appearance of the applicant. Court concerned vide impugned order rejected the application observing that at the time of framing of charge personal appearance of the applicant is must. If the observation recorded by the trial court in the impugned order is compared with the settled legal position and provisions provided in the Cr.P.C., no illegality or infirmity is found. Presence of the applicant at the time of framing of charge is must. She can move exemption application after framing of the charge. Since N.B.W. has been issued rejecting the exemption application, therefore, applicant is hereby directed to move proper application to recall/cancel the N.B.W. issued against her appearing before the court concerned. If such application is moved, court concerned is hereby directed to consider the same. Exemption application may also be moved by the applicant after framing of the charge.
Till the next date fixed in the matter before the trial court, effect and operation of the N.B.W. or any other coercive process issued against the applicant shall be kept in abeyance.
With the aforesaid observation, the application is disposed of.
Order Date :- 7.12.2019 Sachdeva
2 issues framed by the court
Whether the impugned order directing the applicant's personal appearance for framing of charge without granting exemption is illegal.
Whether to grant a stay on the non-bail warrant issued against the applicant.
2 provisions across 2 enactments
Smt. Anwari Khan
State of U.P.
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
