Court No. - 64
Case :- APPLICATION U/S 482 No. - 35898 of 2019 Applicant :- Bhagwan Das And 3 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed against the order dated 25.3.2019 passed by learned Chief Judicial Magistrate, Agra whereby non bailable warrant has been issued against the applicants in Criminal Case No.15253 of 2016, arising out of N.C.R. No.2 of 2016, u/s 323, 504, 506 I.P.C., P.S.-Hari Parvat, District-Agra.
Heard learned counsel for the applicants as well as learned A.G.A. and perused the record.
This Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same.
However, a request has been made that the accused-applicants want to surrender in the court below and to move an application for cancellation of warrants or apply for bail and for that some protective direction may be issued.
In view of the facts and circumstances of the case it is directed that in case the accused-applicants surrender and move an application for cancellation of warrants or apply for bail within two weeks from today, the same shall be considered and decided in accordance with law.
No coercive measures shall be taken or given effect to in the aforesaid period or till the date of appearance of the accused- applicants in the court below, whichever is earlier.
It is made clear that if this order is not availed by the accused within stipulated period of time, no time extension application shall be entertained.
It is further clarified that this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 26.9.2019/P.S.Parihar