Court No. - 68
Case :- APPLICATION U/S 482 No. - 21854 of 2019 Applicant :- Brijesh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicants with a prayer to quash the order dated 29.03.2018 passed by Judicial Magistrate, Chakia, Chandauli, issuing non- bailable warrant against the applicants in Complaint Case No.
391 of 2008 (Vimal Kumar v. Kamlesh and others), under Sections 323, 504, 506, 452 of I.P.C., Police Station - Naugarh, District - Chandauli.
Learned counsel for the applicants contended that applicant no. 1 - Birjesh was residing outside the jurisdiction of the court concerned, as such, he was not aware of the proceedings of the trial court. Due to some personal difficulty, applicant no. 2 Dinesh could not appear before the trial court. Accordingly, the impugned order has been passed.
Per contra, learned A.G.A. has opposed the prayer.
The fact whether proceeding of the trial court was known to the applicant no. 1 or not, cannot be decided by this Court without perusal of the record of trial court and in exercise of its extraordinary jurisdiction under Section 482 of the Code.
If applicant no. 2 did not appear before the trial court, there is no option for the trial court except to issue non-bailable warrant against him.
In view of above, the prayer for quashing the impugned order in the aforesaid case is refused.
However, considering the facts and circumstances of the case, it is directed that if the applicants surrender and apply for bail, their bail application shall be considered and decided by the trial court expeditiously, strictly in accordance with law, preferably on the same day.
For a period of 30 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive measure shall be adopted against them.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 31.5.2019 I. Batabyal