This is an application under Section 482 Cr.P.C. to quash an order by the trial court. The court denied the prayer to quash but disposed of the application and granted a 30-day reprieve from the non-bailable warrant, directing the applicant to surrender.
Application dismissed; 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. - 608 of 2020
Applicant :- Ravi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Kumar Singh Chauhan,Bharat Garg 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 impugned order dated 20.11.2019 passed by A.C.J.M., Court No. 4, Moradabad in Case No. 14459 of 2017 arising out of case crime no. 109 of 2017, Computer Case No. CNRN-U.P. MOO403355 of 2017, under Sections 498-A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Moradabad.
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 :- 7.1.2020 Sanjeet
2 issues framed by the court
Whether the order passed by A.C.J.M., Moradabad in proceedings under Sections 498-A IPC et al. should be quashed by this court.
Whether non-bailable warrant issued against the applicant should be kept in abeyance for a specified period.
1 provisions across 1 enactments
Ravi
State of U.P.
Om Prakash-VII
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
