Disposed

Phool Singh and 6 Others v. State of U.P. and Another

Allahabad HC27 Jun 2023A482/23023/2023

Case brief

AI extract

What is this about?

The Allahabad High Court considered an application under Section 482 Cr.P.C. to quash a non-bailable warrant. Instead of quashing it, the court permitted the applicants to move for bail in the concerned court, keeping the warrant in abeyance for five weeks.

What did the court decide?

The effect and operation of the non-bailable warrant dated 12.6.2023 shall be kept in abeyance for five weeks, allowing applicants to approach the lower court for bail.

Phool Singh and 6 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:129733

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 23023 of 2023

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Applicant :- Phool Singh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabhat Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Pathak,J.

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Heard learned counsel for the applicants, learned counsel for opposite party No.2, learned AGA and perused the record.

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The present applicants have invoked the inherent power of this Court under Section 482 Cr.P.C., beseeching the quashing of Non Bailable Warrant dated 12.06.2023 passed in Misc. Case No. 15 of 2018 (Smt. Sushila Vs. Phool Singh and others) arising out of Case Crime No. 171 of 2017, under Sections 147, 148, 149, 323, 324, 325, 452, 354, 504, 506 I.P.C., Police Station Jagner, District Agra pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Agra.

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Learned counsel for the applicants has raised disputed question of fact with respect to the incident in question dated 15.6.2017 and submitted that present applicants have falsely been implicated in the matter only to harass them and for some ulterior motive known to the first informant best.

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Learned AGA has pointed out that previously present applicants have already moved an Application U/s 482 No.10021 of 2022 with the prayer to quash the entire proceedings in Misc.Case No. 15 of 2018, as prayed for in the instant application as well, however, said application was dismissed vide order dated 19.9.2022

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In reply, learned counsel for the applicants submits that instant application has been moved only to challenge the order of issuing non bailable warrant. It is further submitted that applicants are innocent persons, and never tried to deliberately ignored the court proceedings, however, due to lack of knowledge they could not appear before the court below. They are ready to cooperate with the court proceedings, therefore, some protection may granted to them against the non bailable warrant.

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Having considered the submissions as advanced by learned

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counsel for the applicants and the order impugned it would be befitting to permit the present applicants to move the bail application before the court concerned.

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Considering the entire facts and circumstances of the case, I think it appropriate that in case, the present applicants appear/surrender before the concerned court below and move bail application within three weeks, the same shall be considered and decided within a period of two weeks in accordance with law, expeditiously as early as possible.

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For a period of five weeks from today or till the decision of the bail application, whichever is earlier the effect and operation of the non bailable warrant dated 12.6.2023 passed by Additional Chief Judicial Magistrate, Court No.1, Agra shall be kept into abeyance.

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As such, the instant application stands disposed of.

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Order Date :- 27.6.2023 Md Faisal

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Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad

Phool Singh and 6 Others v. State of U.P. and Another

Case brief

What is this about?

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Phool Singh and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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