Disposed¶8

Sanjay and Anr. v. State of U.P. and Anr.

Allahabad HC9 Jan 2020A482/698/2020

Case brief

AI extract

What is this about?

Keywords: Section 482 Cr.P.C.; quashing of non-bailable warrant; NBW kept in abeyance; application to cancel warrant within four weeks; recall of warrant or fresh bail bonds; coercive measures on default; ST No. 485 of 2011; case crime No. 336 of 2010; Sections 308, 323, 504, 506 IPC; P.S. Kasna; Gautam Buddha Nagar; 4th Additional District & Sessions Judge; applicant Sanjay; counsel Preeti Dwivedi; Suresh Kumar Gupta, J.; order dated 9.1.2020; disposed of with directions.

What did the court decide?

Application disposed of with directions: applicants to move the court below within four weeks (with certified copy of the order) for cancellation of the non-bailable warrant; court below to recall the warrant or take fresh bail bonds within a further period of one week; warrant kept in abeyance meanwhile; coercive measures permissible on default.

Sanjay and Anr. Vs State of U.P. and Anr. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the non-bailable warrant dated 15.11.2019 issued against the applicants and the entire proceeding of ST No. 485 of 2011 ought to be quashed under Section 482 Cr.P.C.

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Court's answer

The application is disposed of without expressing any opinion on the merits of the case.

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Ratio / Principle

Direction (i): the applicants shall move an application to cancel the non-bailable warrant before the court below within four weeks, along with the certified copy of this order.

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Key takeaways

Direction (ii): on such an application, the court below shall exercise its discretion either to recall the non-bailable warrant or to direct the applicants to furnish fresh bail bonds within a further period of one week.ratio¶11
Direction (iii): until then, the non-bailable warrant issued against the applicants shall remain in abeyance.ratio¶12
In the event of the applicants' failure to act within the time directed, the court below may adopt all coercive measures to ensure their appearance.

Detailed headnote1 paragraphs

Criminal application under Section 482 Cr.P.C. by Sanjay and another seeking quashing of the non-bailable warrant dated 15.11.2019 passed by the 4th Additional District & Sessions Judge, Gautam Buddha Nagar, and of the entire proceeding of ST No. 485 of 2011, arising out of case crime No. 336 of 2010 under Sections 308, 323, 504, 506 IPC of P.S. Kasna, District Gautam Buddha Nagar. Counsel contended that the applicants, though earlier released on bail and appearing regularly since 2011, had gone out of district for work and learnt of the warrant only through co-accused Sonu on 10.08.2019. Without expressing any opinion on the merits, the Court disposed of the application with directions: the applicants to move the court below within four weeks, with a certified copy of the order, for cancellation of the warrant; the court below to then recall the warrant or take fresh bail bonds within a further week; the warrant to remain in abeyance meanwhile; and liberty to the court below to adopt coercive measures on default. Order date 9.1.2020.

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 698 of 2020

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Applicant :- Sanjay And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Preeti Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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

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This application under Section 482 Cr.P.C. has been filed for quashing the non-bailable warrant dated 15.11.2019 passed by 4th Additional District & Sessions Judge, Gautam Buddha Nagar, as well as entire proceeding of ST No. 485 of 2011, arising out of case crime No. 336 of 2010, under Sections 308, 323, 504, 506 IPC, registered at P.S. Kasna, District Gautam Buddha Nagar, by which non bailable warrant has been issued against the applicants.

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Learned counsel for the applicant contends that earlier the applicants had been granted bail by the competent court and thereafter they could not appear before the trial court. Hence non-bailable warrant has been issued against them. He further submitted that the applicants were appearing regularly in the court since 2011. He further submits that the applicants are poor persons, they had gone out of district for job so they could not appear before the court concerned and the learned trial court concerned issued NBW against them since 24.04.2019. He further submits that the applicants have no knowledge about the alleged date, due to this fact, non-bailable warrant has been issued against them. It is also submitted that the applicants received information by co-accused Sonu on 10.08.2019 that the learned court issued N.B.W. against the applicants and further date fixed i.e. 15.11.2029. He further submits that the reasons on account of which the applicants failed to appear before the trial court were beyond their control and that the applicants have every intention to appear before the court concerned and participate in the trial.

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Considered the submissions made by the learned counsel for the applicants and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the following direction:

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i. the applicants shall move an application to cancel the

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non-bailable warrant issued against them before the court below within four weeks from today along with the certified copy of this order;

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ii. in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non bailable warrant issued against the applicants or to direct the applicants to file fresh bail bonds within a further period of one week, thereafter;

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iii.Till then, non-bailable warrant issued against the applicants shall be kept in abeyance.

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In the event of failure, on part of the applicants to act within time as directed above, the Court below may adopt all coercive measures to ensure his appearance.

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Order Date :- 9.1.2020 v.k.updh.

Sanjay and Anr. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Sanjay and Anr. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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