Court No. - 49
Case :- APPLICATION U/S 482 No. - 38988 of 2017 Applicant :- Hari Ram & 8 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Atul Kumar Shahi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing the N.B.W. order dated 25.10.2017 passed by the Additional Chief Judicial Magistrate, Court No. 03, Gorakhpur in Case No. 3369 of 2016 in Case Crime No. 144 of 2016, under sections 147, 148, 452, 323, 308, 325, 504, 506 IPC, P.S.- Khajni, District- Gorakhpur whereby non bailable warrants have been issued against the applicants.
Heard counsel for the applicants as well as learned AGA and perused the record.
The 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, therefore, the prayer for quashing of the impugned order is refused.
However, a request has been made that the accused wants 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 persons surrender and move an application for cancellation of warrants or apply for bail within 45 days 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 persons in the court below, whichever is earlier.
With the aforesaid observations, this application is finally disposed of.
Order Date :- 28.11.2017 Nisha