Court No. - 47
Case :- APPLICATION U/S 482 No. - 36348 of 2018 Applicant :- Chhote Lal And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Vijay Bahadur 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 by the applicants with the prayer to quash the entire proceeding and impugned order dated 19.10.2016 issuing non-bailable warrant in Case No. 14582 of 2015 (State Vs. Chhote Lal and others) Crime No. 1073 of 2014, under Sections 323, 504, 506 and 34 I.P.C., Police Station Civil Lines, District Aligarh.
Learned counsel for the applicants contended that no summon was served on the applicants. Even though non-bailable warrants have been issued against them.
Learned A.G.A. contended that there is no illegality in the impugned order by the trial court.
Whether summons have been served on applicants or not, is not to be decided by this Court in exercise of its extraordinary jurisdiction under Section 482 Cr.P.C.
In view of the above, the prayer for quashing the entire proceeding and impugned non-bailable warrant in the aforesaid case is refused.
However, it is directed that in case the applicants appear and surrender before the courts below and apply for bail, their prayer for bail shall be considered and decided on the same day.
For a period of 45 days from today, no coercive action shall be taken against the applicants in the present case.
With the above directions, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 26.10.2018 Sharad/-