Disposed

Balwante and 2 Others v. State of U.P. and Another

Allahabad HC21 Jan 2020A482/1446/2020

Case brief

AI extract

What is this about?

The High Court heard an application under Section 482 Cr.P.C. seeking quashing of a non-bailable warrant issued against senior citizens who failed to appear due to illness and court vacancy. The court did not decide on merits but directed the applicants to move the trial court to withdraw the warrant and kept it in abeyance temporarily.

What did the court decide?

Non-bailable warrant kept in abeyance; applicants directed to move trial court to cancel warrant within four weeks.

Balwante and 2 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 1446 of 2020

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Applicant :- Balwante And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Richa Shukla,Suraj Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed for quashing the non-bailable warrant dated 22.04.2014 passed in Case No. 1968 of 2004 (State vs. Balwante and others), under Sections 323, 325, 504 IPC, registered at P.S. Meja, District Allahabad, by which non bailable warrant has been issued against the applicants.

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Learned counsel for the applicants contends that earlier the applicants had been granted bail by the competent court and thereafter they could not appear before the trial court. Hence, non-bailable warrant has been issued against them on 22.04.2014. He further submits that from 14.09.2012 to 12.12.2013 the court was vacant and after 12.12.2013, next date was fixed on 22.04.2014 and the appellants had no knowledge about the date fixed. He further submitted that all the applicants are senior citizens aged about 75 years and they are suffering from life long illness and they are getting treatment, so they could not appear before the court concerned and the learned trial court concerned issued NBW against them on 22.04.204. He further submits that the applicants have no knowledge about the alleged date, due to their illness. He further submits that the reasons on account of which the applicants failed to appear before the trial court were beyond their control and that the applicants have ever no intention to appear before the court concerned and participate in the trial.

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Considered the submissions made by the learned counsel for the applicants and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the following direction:

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i. the applicants shall move an application to cancel the non-bailable warrant issued against them before the court below within four weeks from today along with the certified copy of this order;

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ii. in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non bailable warrant issued against the

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applicants or to direct the applicants to file fresh bail bonds within a further period of one week, thereafter;

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iii.Till then, non-bailable warrant issued against the applicants shall be kept in abeyance.

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In the event of failure, on part of the applicants to act within time as directed above, the Court below may adopt all coercive measures to ensure his appearance.

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Order Date :- 21.1.2020

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v.k.updh.

Balwante and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Balwante and 2 Others v. State of U.P. and Another

Case brief

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