The court dismissed the application under Section 482 Cr.P.C. seeking to quash a non-bailable warrant because the applicant's counsel stated no desire to press the reliefs, despite noting the applicants had not appeared on prior dates.
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Court No. - 84 Case :- APPLICATION U/S 482 No. - 12576 of 2021
Applicant :- Rohan Lal And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Prem Chandra Dwivedi, learned counsel for the applicants and Ms. Sushma Soni, learned AGA for the Stateopposite party no.1.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the non-bailable warrant issued against the applicant on 21.10.2019 in Case No. 1165 of 2015 (State vs. Rohan Lal and others) arising out of Case Crime No. 115 of 2012, under Sections 147, 504, 323, 506 IPC, P.S. Sikandra, District Agra pending in the court of Special Chief Judicial Magistrate, Agra.
A copy of the order sheet of the case which has been filed along with the affidavit in support of the application indicates that prior to issuance of non-bailable warrant on 21.10.2019, the applicants-accused had not appeared on earlier dates also.
Learned counsel for the applicants has not disputed the aforesaid factual position and in view of the same has fairly stated that he does not wish to press the reliefs as prayed for in the present application. The reliefs prayed for in the present application are accordingly not entertained.
Counsel for the applicants states that the applicants would submit to the jurisdiction of the court below and apply for recall of the order dated 21.10.2019 in terms of which non-bailable warrant was issued.
In case any such application is moved the court below would be expected to dispose it of in accordance with the settled principles of law.
Subject to the aforesaid observation the application stands dismissed.
Order Date :- 17.8.2021 Imroz
(Dr. Y. K. Srivastava, J.)
Rohan Lal And 5 Others
Yogendra Kumar Srivastava
As recorded by the court registry
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