Application under Section 482 Cr.P.C. for quashing a non-bailable warrant was refused. Applicants were permitted a 30-day stay on the warrant's operation, directed to surrender within that period.
Non-bailable warrant's operation stayed for 30 days; applicants directed to surrender within 30 days on pain of coercive steps.
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Court No. - 78
Case :- APPLICATION U/S 482 No. - 6538 of 2020
Applicant :- Amlendu Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the non bailable warrant dated 10.12.2019 passed in S.T. No. 145 of 2019 (State Vs. Shekhu and others) arising out of crime no. 188 of 2017, under Sections 147,148, 149, 307, 352,504, 506 IPC and Section 7 Criminal Law Amendment Act, Police Station Kotwali, district Gorakhpur pending in the court of Special Judge (Prevention of Corruption Act), Gorakhpur.
Learned counsel for the applicants contended that the reasons on account of which the applicants failed to appear before the trial court were beyond his control and the applicants have every intention to appear before the court concerned and participate in the proceedings of the trial.
Learned A.G.A. 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 material 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, the application is disposed of with a direction to the applicants to surrender before the court below within 30 days from today, the same shall be considered and decided in view of the settled law. For a period of 30 days from today, effect and operation of the non bailable warrant issued against the applicants shall be kept in abeyance.
In case of default, the court below will be at liberty to take all the coercive steps against the applicants for ensuring his/her appearance.
With the above observations, the application stands disposed of. Order Date :- 14.2.2020
Sachdeva
2 issues framed by the court
Whether the application under Section 482 Cr.P.C. for quashing the non-bailable warrant should be allowed given the applicants' inability to appear due to circumstances beyond their control?
Whether the applicants can be granted a stay on the operation of the non-bailable warrant while directing them to surrender within 30 days?
1 provisions across 1 enactments
Amlendu Pandey And Another
Om Prakash-VII,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
