Court No. - 47
Case :- APPLICATION U/S 482 No. - 38599 of 2018 Applicant :- Amir Alam @ Kallu And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
This application u/s 482 Cr.P.C., has been filed with the prayer to quash the order dated 16.4.2018 passed by learned Additional Chief Judicial Magistrate-I, Saharanpur in Criminal Case No. 3912 of 2018 arising out of Case Crime No. 91 of 2002 (State of U.P. Vs. Amir Alam @ Kallu and others) under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station Behat, District Saharanpur, whereby non bailable warrant has been issued against the applicants.
Learned counsel for the applicants contended that due to illness, applicants could not appear before the trial court as such, non bailable warrant has been issued against them.
Learned A.G.A. contended that there is no illegality in issuance of non bailable warrant by the trial court.
Non bailable warrant has been issued against the applicants on 16.4.2018 due to their non appearance before the court. Accordingly, I find no illegality in the impugned order passed by the courts below.
In view of the above, the prayer for quashing the non bailable warrant in the aforesaid case is refused.
However, it is directed that in case the applicants appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided expeditiously preferably on the same day.
It is provided that for a period of 45 days from today, no coercive action shall be taken against the applicants.
With the above directions, this application u/s 482 Cr.P.C. is disposed of.
Order Date :- 26.10.2018 Jaswant