This order quashes a non-bailable warrant by keeping it in abeyance for 30 days, directing the applicant to surrender. The court refused the prayer to fully quash the warrant without expressing an opinion on merits.
Non-bailable warrant kept in abeyance for 30 days; applicant directed to surrender.
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Court No. - 74
Case :- APPLICATION U/S 482 No. - 46720 of 2019
Applicant :- Kapil Opposite Party :- State Of Up And Anr Counsel for Applicant :- Vinay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the non-bailable warrant dated 30.08.2019 issued by Judicial Magistrate, Chhata, District Mathura, in case crime no. 0354 of 2019, under Sections 498-A, 323, 504 IPC and Section 3/4 D.P. Act, Police Station Kosikalan, District Mathura.
Learned counsel for the applicant contended that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.
Learned AGA appearing for the State opposed the prayer.
Having regard to the facts and circumstances of the case, after perusing the impugned order as well as the materials 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.
However, without expressing any opinion on the merits of the case, the application is disposed of with a direction to the applicant to surrender before the court below within 30 days from today. For a period of 30 days from today, effect and operation of non-bailable warrant issued against the applicant shall be kept in abeyance.
In case of default, the Court below will be at liberty to take all coercive steps against the applicant for ensuring his/ her appearance.
With the aforesaid observations, the application is disposed of.
Order Date :- 17.12.2019 Sanjeet
1 issue framed by the court
Whether the application for quashing of non-bailable warrant should be allowed.
1 provisions across 1 enactments
Kapil
Om Prakash
As recorded by the court registry
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