Application to quash nonbailable warrants was disposed of pending proper bail application at trial court, directing no coercive action until the application is filed.
No coercive measures shall be taken against applicants until they move a proper bail application in the trial court.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 7933 of 2022
Applicant :- Jagdish Tiwari And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakash Veer Tripathi Counsel for Opposite Party :- G.A.,Prashant Kumar Tripathi
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Learned counsel for the applicants, is present.
No one appears for opposite party no. 2. Though, the name of counsel for the opposite party no. 2 is shown in the cause list but no power / vakalatnama on behalf of opposite party no. 2 is on record.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
Learned counsel for the applicants prays to quash the nonbailable warrants issued against the applicants vide order dated 28.10.2021 passed by learned Judicial Magistrate, Sant Kabir Nagar in Case No. 1870 of 2008 (State Vs. Jagdish Tiwari and Others) arising out of Case Crime No. 37 of 2005, u/s 147, 323, 504, 506, 308 I.P.C., Police Station - Bakhira, District - Sant Kabir Nagar.
It is argued by learned counsel for the applicants that, if any, protection is granted to them, they will appear before the lower court and get themselves bailed out.
From perusal of order-sheet, it is clear that without mentioning any fact regarding service of summon, bailable warrants have been issued against the applicants during Covid-19 period and without registering any service of bailable warrants, nonbailable warrants have been issued against the applicants.
The applicants have proper remedy before the trial court and they themselves have prayed for some protection till they appear before the trial court and get themselves bailed out.
So application u/s 482 Cr.P.C. is disposed of with direction that applicants will appear before the court below within 15 days from today and shall move a proper application and till the date of moving their application, no coercive measure shall be taken against the applicants in the aforesaid case.
Order Date :- 3.6.2022 Vibha Singh
Digitally signed by VIBHA SINGH Date: 2022.06.06 17:37:06 IST Reason: Location: High Court of Judicature at Allahabad
Jagdish Tiwari And 4 Others
Sadhna Rani Thakur
Vibha Singh
As recorded by the court registry
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