Court No. - 1
Case :- APPLICATION U/S 482 No. - 38462 of 2018 Applicant :- Asha Devi And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Janardan Yadav, learned counsel the applicants and Sri Ajeet Ray, learned A.G.A. for the State and perused the record The present 482 Cr.P.C. petition has been filed for quashing the non bailable warrant dated 12.012018 issued against the applicants in complaint case no. 2190/2013, under sections 419, 420 I.P.C., police station Jeeyanpur, District Azamgarh pending before the concerned courts below.
Learned counsel for the applicants contended that the applicants have already been granted bail by the competent court and thereafter they could not appear before the trial court, hence non-bailable warrants were issued against them. He further submits that the reasons on account of which the applicants failed to appear before the trial court were beyond their control and the applicants have every intention to appear before the court concerned and participate in the proceedings of the trial.
After having considered the submissions made by the learned counsel for the applicants and perused the impugned order as well as the other materials brought on record, without expressing any opinion on the merits of the case, I dispose of this application with a direction that in case the applicants moves an application for cancelling the non-bailable warrants issued against them before the court below within three weeks from today along with the certified copy of this order, in that case the concerned court will be at its discretion to pass appropriate order thereon either recalling the non bailable warrant issued against the applicants or directing the applicants to file fresh bail bonds in the aforesaid case as the case may be.
For a period of three weeks from today, non-bailable warrant issued against the applicants shall be kept in abeyance.
In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicants for ensuring their appearance before it.
Order Date :- 26.10.2018 Anand Verma