Amar Singh Vs State of Up and Another — Murder and Culpable Homicide | Allahabad HC (2020)

Amar Singh Vs State of Up and Another — Murder and Culpable Homicide | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Quashing prayer refused; application finally disposed of with a direction that if the applicant moves an application for recalling the non-bailable warrant before the court below within two weeks, the trial court shall pass appropriate order thereon considering his case and circumstances; interim protection that no coercive action shall be taken against him for two weeks or till he moves the application, whichever is earlier.

Issue for consideration

Whether the Non-Bailable Warrant dated 14.11.2016 issued against the applicant in Session Trial No.798 of 2011 should be quashed.

Court's answer

Without expressing any opinion on the merits of the case, the prayer for quashing the non-bailable warrant is refused and the application is finally disposed of.

Ratio / Principle

If the applicant moves an application for recalling the non-bailable warrant before the court below within two weeks, the trial court shall pass appropriate order thereon considering his case and other circumstances placed by him.

Key takeaways

For a period of two weeks from the date of the order or till the applicant moves the recall application, whichever is earlier, no coercive action shall be taken against him.ratio¶8

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. by Amar Singh seeking quashing of a Non-Bailable Warrant dated 14.11.2016 issued by the Additional District Judge, Court No.14, Ghaziabad in Session Trial No.798 of 2011 (State versus Pintu and others), Case Crime No.301 of 2011, under Section 302 IPC, Police Station Vijay Nagar, District Ghaziabad. The applicant, already on bail, contended that he appeared before the trial court till 16.01.2016, then fell ill and went to Surat for labouring, and that his absence was beyond his control; the State contended he misused the liberty of bail. Without expressing any opinion on the merits, the court refused the quashing prayer and finally disposed of the application, directing that if the applicant moves an application for recalling the non-bailable warrant before the court below within two weeks, the trial court shall pass appropriate order thereon considering his case and other circumstances; further directing that for two weeks or till such application is moved, whichever is earlier, no coercive action shall be taken against him.

Court No. - 80 Case :- APPLICATION U/S 482 No. - 376 of 2020 Applicant :- Amar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harindra Pratap Counsel for Opposite Party :- G.A.

Hon'ble Rajendra Kumar-IV,J.

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

This application under Section 482 Cr.P.C. has been filed for quashing the Non-Bailable Warrant dated 14.11.2016 passed by Additional District Judge, Court No.14, Ghaziabad in Session Trial No.798 of 2011, (State versus Pintu and others), Case Crime No.301 of 2011, under Section 302 IPC, Police Station Vijay Nagar, District Ghaziabad.

Learned counsel for the applicant contended that the applicant has already been granted bail by this Court. He regularly appeared before concerned Court below till 16.01.2016 thereafter he fell ill and he could not appear before the trial court and after that he went to Surat for labouring, hence non bailable warrant was issued against him. He further submits that on account of those reasons the applicant failed to appear before the trial court and they 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 opposed the prayer and submitted that applicant has misused the liberty of bail.

After having considered the submissions made by the learned counsel for the parties and perused the impugned order as well as the other materials brought on record, without expressing any opinion on the merits of the case, prayer is refused. The application is finally disposed of with a direction to trial Court that in case the applicant moves an application for recalling the non-bailable warrant before the court below within two weeks from today and court concerned shall pass appropriate order thereon considering his case and other circumstances placed by him.

For a period of two weeks from today or till he moves application, whichever is earlier, no coercive action shall be taken against him.

Order Date :- 6.1.2020 I.A.Siddiqui