Disposed

Smt. Rekha v. State of Up and Another

Allahabad HC20 Feb 2020A482/3402/2020

Case brief

AI extract

What is this about?

The Single Judge refused to quash the charge sheet and non-bailable warrant filed under Section 482 Cr.P.C., finding no good ground, though it directed the applicant to surrender within 30 days and kept the warrant's operation in abeyance.

What did the court decide?

Quashing of charge sheet and stay of N.B.W. refused; applicant directed to surrender within 30 days; N.B.W. kept in abeyance for 30 days.

Smt. Rekha Vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 3402 of 2020

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Applicant :- Smt. Rekha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul 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 applicant as well as learned A.G.A for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet as well as non-bailable warrant dated 2.4.2018 issued by Additional Chief Judicial Magistrate 1st, Bijnor in Case No.82 of 2016, arising out of case crime no. 0168 of 2016, under Section 3/7 Essential Commodities Act, P.S. Sherkot, District Bijnor and further to stay effect and operation of the said order.

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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.

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Learned AGA 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 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.

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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 thirty days from today and apply for bail, which shall be considered in accordance with law. For a period of thirty days from today, effect and operation of non-bailable warrant issued against the applicant shall be kept in abeyance.

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

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With the aforesaid observations, the application is disposed of.

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Order Date :- 20.2.2020

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safi

Smt. Rekha v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Smt. Rekha 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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