Court No. - 62
Case :- APPLICATION U/S 482 No. - 19216 of 2018
Applicant :- Harikesh And Another
Opposite Party :- State Of Up
Counsel for Applicant :- Satendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Krishna Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing non bailable warrants and proceedings under Section-82 Cr.P.C. dated 3.5.2018 issued by Learned Additional District Judge, Court No.1, Auraiya in Session Trial No. 70 of 2015 (State of U.P. vs. Neeraj Yadav and others) under Sections-394/302/201 & 120-B IPC, P.S.-Auraiya, District-Auraiya arising out of Case Crime No. 803 of 2014.
It has been submitted by the learned counsel for the applicants that in the aforesaid case applicants were on bail. Learned counsel further submits that without giving single opportunity to the applicants to correct their mistake trial court has issued non bailable warrants and started the proceedings under Section-82 Cr. P.C. against the applicants, which is totally illegal. Learned counsel lastly submits that applicants are law abiding citizens, they wish to submit to the process of law, surrender and seek bail afresh.
The prayer for quashing the proceedings of aforesaid case and order impugned is refused.
However, it is provided that if the applicants appear and surrender before the court below within four weeks from today and apply for bail, then the bail application of the applicants 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 judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Till disposal of bail application, operation of the NBW and process under Section-82 Cr.P.C. shall remain stayed.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 30.5.2018 S Rawat