Court No. - 49
Case :- APPLICATION U/S 482 No. - 6996 of 2018 Applicant :- Lalman Yadav And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Jagdish Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Learned counsel for the applicants prays for and is allowed to correct the prayer clause during the course of the day.
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 to quash the N.B.W. order dated 29.6.2016, 29.8.2016, 29.10.2016, 3.12.2016, 17.3.2017, 23.6.2017, 26.9.2017, 12.1.2018 in Criminal Case No. 422 of 2013 as well as Case Crime No. 191 of 2012, under Sections 147, 352, 427, 504 IPC, (State Vs. Dayanand and others), Police Station Jhangaha, District Gorakhpur, pending in the Court of Additional Chief Judicial Magistrate/Civil Judge (S.D.), Court No.3, Gorakhpur.
Learned counsel for the applicants contended that earlier the applicants had been granted bail by the competent court and thereafter they could not appear before the trial court. Hence, non-bailable warrant have been issued against them. He further submits that the reasons on account of which the applicants failed to appear before the trial court were beyond their control and that the applicants have every intention to appear before the court concerned and participate in the trial.
Considered the submissions made by the learned counsel for the applicants and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the direction:
(i) the applicants shall move an application to cancel the non-bailable warrant issued against them before the court below within three weeks from today along with the certified copy of this order;
(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non bailable warrant issued against the applicants or to direct the applicants to file fresh bail bonds within a further period of one week , thereafter;
(iii) for a period of four weeks from today, non-bailable warrant issued against the applicants shall be kept in abeyance.
In the event of failure, on part of the applicants to act within time as directed above, the Court below may adopt all coercive measures to ensure their appearance.
Order Date :- 28.2.2018 Mini