Court No. - 27
Case :- APPLICATION U/S 482 No. - 30854 of 2019 Applicant :- Jaiveer And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Krishn Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the N.B.W. as well as Complaint case no. 1485 of 2016 under Sections 307, 323, 506 IPC, Police Station Falwada, District Meerut, pending in the court of ACJM, Court No.3, Meerut.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
A perusal of the record reveals that the summoning order was passed in accordance with law. Non-bailable warrant was issued when the applicants did not appear before the court concerned despite service of summon. Issuance of non-bailable warrant is within the jurisdiction of the court concerned.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.
At this stage, learned counsel for the applicants pray that a direction may be issued to the court below for expeditious disposal of the bail application of the applicants.
Hence, it is directed that in case the applicants surrender and apply for bail within 30 days from today, the same shall be considered and decided in view of the settled law. For a period of 30 days from today, effect and operation of the N.B.W. shall remain in abeyance.
It is made clear that no further time shall be allowed to the applicants to surrender before the court concerned.
However, considering the fact that the complaint is of year 2016, court below is expected to conclude and decide the Complaint case no. 1485 of 2016 under Sections 307, 323, 506 IPC, Police Station Falwada, District Meerut, pending in the court of ACJM, Court No.3, Meerut without granting any unnecessary adjournment to either of the side expeditiously fixing short dates.
With the above observations, the application stands disposed of.
Order Date :- 22.8.2019 Ashok Gupta