Court No. - 77
Case :- APPLICATION U/S 482 No. - 46313 of 2019 Applicant :- Bhura And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Kumar Pal Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
In yet another proceeding, being Application U/S 482 No.10799 of 2018, Bhura and seven others vs. State of U.P. and another, vide order, dated 3.4.2018 of another co-ordinate Bench, notices were issued to Opposite party no.2 and further proceeding in Complaint Case No.3211 of 2017 was stayed, but on the date of hearing, applicants could not appear, hence, Application, under Section 482 of Cr.P.C., stood dismissed in default. Thenafter, above stay order was got vacated.
Trial court issued Non-Bailable Warrant, whereas, a Recall Application has been filed and the same is being said to be pending. Hence, present Application, under Section 482 of Cr.P.C., is against the order of the Magistrate, issuing Non-Bailable Warrant.
Admittedly, earlier proceeding was dismissed and no stay order was operating, hence, Magistrate was justified in issuing Non-Bailable Warrant. Accordingly, he had issued Non-Bailable Warrant and as such there is no misuse of process of law.
Thus, this proceeding, under Section 482 of Cr.P.C. merits its dismissal and it stands dismissed as such.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today, no coercive action shall be taken against the applicants.
In case, if the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
Order Date :- 19.12.2019/bgs/