Application under Section 482 Cr.P.C. to quash orders issuing non-bailable warrant and initiating proceedings. Court refused quash but granted 15-day stay on warrants.
Prayer for quashing dismissed; 15-day stay on non-bailable warrants granted.
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Neutral Citation No. - 2023:AHC:133363
Court No. - 91
Case :- APPLICATION U/S 482 No. - 23880 of 2023
Applicant :- Omkar Singh Sengar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalit Singh Tomar,Ajay Shukla 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 order dated 15.06.2015, issuing non-bailable warrant and order dated 25.07.2019 initiating proceedings u/s 82 Cr.P.C. against the applicants in complaint case no. 81 of 2013 (now 769 of 2017) (Kusuma Singh Vs. Omkar Singh) arising out of Case Crime No. 55 of 2009, under sections-364 I.P.C. Police StationKotwali, District Auraiya, pending in the Court of Additional Chief Judicial Magistrate, Auraiya.
The only submission raised by learned counsel for the applicants is that the court concerned vide order dated 15.06.2015 passed the 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 15.06.2015 & 25.07.2019 is refused.
However, it is provided that if the applicants file an application for recall of the order issuing non-bailable warrant within 15 days from today, the said application shall be considered by the court concerned and appropriate order shall be passed expeditiously.
For a period of 15 days from today, the non-bailable warrants issued against the applicants vide order dated 15.06.2015, 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 :- 6.7.2023 Vibha
Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad
Omkar Singh Sengar And Another
State of U.P.
Gajendra Kumar
As recorded by the court registry
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