The court refused to quash a non-bailable warrant. As an alternative to quashing, the court directed the applicants to surrender and apply for bail within 30 days to secure a stay on coercive action.
Stay of coercive action for 30 days conditional on appearance and surrender to seek bail.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 1889 of 2021
Applicant :- Pushpa Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Prakash Singh,Raj Kiran Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants, Sri Nikhil Chaturvedi learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the non-bailable warrant dated 29.10.2020 passed by the Chief Judicial Magistrate, Varanasi in Criminal Case No. 11596 of 2019 (State Vs. Deepak Vishvakarma & others) arising out of Case Crime No. 521 of 2019, under Sections, 323, 504, 506, 417, 420, 406 IPC, Police Station Sigra, District Varanasi.
Learned counsel for the applicants, after making submissions to some extent, has fairly submitted that necessary grounds for invoking the inherent powers of this Court under Section 482 Cr.P.C. have not been made out in the facts of the present case. Accordingly, he does not wish to press the principal prayer, as made in the application.
In view of the above, the relief as sought in the instant application, is refused.
At this stage, counsel for the applicants makes a submission that the applicants are ready to submit to the jurisdiction of the concerned court, seek bail and accept all the conditions which this Court may deem fit to impose upon them.
Considering the aforesaid alternative prayer made by learned counsel for the applicants, it is provided that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, the bail application of the applicants shall be considered and decided by the concerned Court taking into view the settled legal position in this regard.
For a period of 30 days from today or till appearance of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against the applicants.
However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that no application seeking extension of time shall be entertained if this order is not complied with within the aforesaid period.
With the aforesaid observations and directions, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 3.2.2021 Lbm/-
1 issue framed by the court
Whether the applicant is entitled to quash the non-bailable warrant under Section 482 Cr.P.C.
1 provisions across 1 enactments
Pushpa Devi
Another
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
