Application to quash non-bailable warrant under Section 482 CPC was rejected. Court granted 15 days grace period for surrender with warrant in abeyance and liberty to take coercive steps on default.
Applicant granted 15 days to surrender; non-bailable warrant in abeyance; liberty to court below to take coercive steps on default.
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Court No. - 78
Case :- APPLICATION U/S 482 No. - 667 of 2020
Applicant :- Nagendra Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Tiwari Counsel for Opposite Party :- G.A.,Shri Prakash Dwivedi
Hon'ble Om Prakash-VII,J.
Counter affidavit filed today is taken on record.
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 non-bailable warrant dated 03.12.2019 issued by Additional Chief Judicial Magistrate, Court No. 17, Allahabad in S.T. No. 32 of 2018, arising out of case crime no. 76 of 2018, under Sections 66,67 of Information Technology (Amendment) Act, Police Station Shankargarh, District Allahabad.
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 15 days from today. For a period of 15 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 :- 23.1.2020 Sanjeet
1 issue framed by the court
Whether the non-bailable warrant issued against the applicant should be quashed?
1 provisions across 1 enactments
Nagendra Tiwari
State of U.P.
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
