Application under Section 482 Cr.P.C. seeking quashing of N.B. warrant and summoning order. Court refused substantive prayer but granted two weeks for recall application pending application by Union of India.
Refused quashing of proceedings and N.B. warrant. Allowed two weeks for filing recall application without coercive action.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 20283 of 2020
Applicant :- Harish Kumar And 4 Other Opposite Party :- Union of India Counsel for Applicant :- Raj Kiran Chaudhary,Jai Prakash Singh Counsel for Opposite Party :- Krishna Agarawal,D.C.Mathur
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants, Sri D.C.Mathur, learned counsel appearing on behalf of the Union of India 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 21.10.2020 passed by the Special Chief Judicial Magistrate, Varanasi in Complaint Case No. 2210 of 2013 (Union of India Vs. Harish Kumar and others), under Section 11/135 of the Custom Act, Police Station D.R.I., District Varanasi, pending in the court of Special Chief Judicial Magistrate, Varanasi.
It is submitted that the applicant nos. 1, 2 and 3 belongs to the State of Punjab and the applicant nos. 4 and 5 belongs to Delhi. He further submitted that due to Covid-19, the applicants could not appear before the court below, as such on 21.10.2020 non-bailable warrants have been issued against them. Learned counsel for the applicants urged that an opportunity may be granted to the applicants to file an application for recall of the order issuing non-bailable warrant.
Sri D.C.Mathur, learned counsel appearing on behalf of the opposite partyUnion of India has no objection.
In view of the submissions made by the learned counsel for the applicants, the prayer, insofar as it relates to seeking quashing of the proceedings as well as summoning order and order issuing non-bailable warrant, stands refused.
However, looking to the facts and circumstances of the case it is provided that if the applicants file an application for recall of the order issuing non-bailable warrants within a period of two weeks from today, the said application shall be considered and disposed of expeditiously in accordance with law. For a period of two weeks from today, no coercive action shall be taken against the applicant. However, in case the applicant does not file the application before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, this application is finally disposed of.
Order Date :- 21.1.2021 Lbm/-
2 issues framed by the court
Whether to allow recall of non-bailable warrant issued under Section 11/135 of the Custom Act.
Whether to grant time to applicants appearing from different states to file application for recall of N.B. warrant due to Covid-19.
2 provisions across 2 enactments
Harish Kumar And 4 Other
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
