In this application under Section 482 Cr.P.C., the High Court refused to quash a non-bailable warrant. Instead, the applicants were directed to surrender within 30 days while the warrant was kept in abeyance during that period.
Warrant kept in abeyance for 30 days; Applicants directed to surrender within 30 days.
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Court No. - 74
Case :- APPLICATION U/S 482 No. - 862 of 2020
Applicant :- Yogendra Kumar And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Amit Kumar Srivastava 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 29.8.2018 passed by the learned Judicial Magistrate-Ist, Aonla, district Bareilly and subsequent order which has been confirmed vide order dated 24.10.2019 passed by Incharge Sessions Judge, Bareilly in case no. 160 of 2013 (State Vs. Yogendra Kumar and others) arising out of case crime no. 500 of 2012, under Sections 498-A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station Sirauli, district Bareilly. Further prayer has been made to stay the proceedings of the aforesaid case.
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 :- 10.1.2020
Sachdeva
1 issue framed by the court
Whether the application for quashing the non-bailable warrant order can be allowed.
1 provisions across 1 enactments
Yogendra Kumar And 3 Ors
Om Prakash-VII
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
