This criminal matter application was quickly disposed of. The applicants sought quashing of orders below and release from non-bailable warrants. Granted one-month reprieve and opportunity to apply for recall.
Quashing of orders refused; non-bailable warrants kept in abeyance for one month to allow for recall application.
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Neutral Citation No. - 2023:AHC:132282
Court No. - 91
Case :- APPLICATION U/S 482 No. - 23688 of 2023 Applicant :- Bablu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ardhendu Shekhar Sharma,Ram Babu Sharma Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J .
Heard counsel for the applicants, learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the orders dated 21.02.2023, 14.03.2023 & 20.04.2023 passed by Additional Chief Judicial Magistrate, Court No. 2, Budaun in Criminal Case No. 290 of 2004 (State Vs. Najakat & 3 Others) under section 307 I.P.C. arising out of Case Crime No. 390 of 2003 m R.O.P. Bagrain, Police Station-Wazirganj, District Budaun.
The only submission raised by learned counsel for the applicants is that the court concerned vide order dated 20.04.2023 has issued non-bailable warrant for appearance of the applicants. Counsel for the applicants has urged that an opportunity be granted to the applicants to file an application for recall of the order issuing nonbailable warrant.
Learned AGA has no objection to the said prayer.
The prayer for quashing the orders dated 21.02.2023, 14.03.2023 & 20.04.2023 is refused.
However, it is provided that if the applicants file an application for recall of the order issuing non-bailable warrant within one month from today, the said application shall be considered by the court concerned and appropriate order shall be passed expeditiously.
For a period of one month, the non-bailable warrants issued against the applicants vide order dated 20.04.2023, shall be kept in abeyance.
In the event of failure, on the part of the applicants to act within time as directed above, the court concerned may adopt all coercive measures to ensure the appearance.
With the aforesaid observations, this application is finally disposed of.
O rder Date :- 5.7.2023/Vibha
Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether to quash orders issued below court and grant opportunity to apply for recall of non-bailable warrants.
1 provisions across 1 enactments
Bablu And 2 Others
Gajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
