Court No. - 2
Case :- APPLICATION U/S 482 No. - 22539 of 2019 Applicant :- Murtuza @ Murtaza Raza And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shivajee Singh Sisodiya Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shivajee Singh Sisodiya, learned counsel for the applicants, Sri I.P.S. Rajput, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the order of non-bailable warrant dated 28.5.2019 passed by Judicial Magistrate, Bisalpur, District Pilibhit in Case No. 841 of 2017 (State vs. Mohd. Raza and another) arising out of Case Crime No. 2391 of 2016, under section 384, 324 IPC, Police Station Bisalpur, District Pilibhit pending the Court of Judicial Magistrate, Bisalpur, District Pilibhit and also a prayer is made to stay the effect and operation of the order of non-bailable warranted dated 28.5.2019 till the disposal of this application.
It is argued by the learned counsel for the applicants that the accused could not appear before the trial court because they were working in Delhi and could not come to know about the date fixed and hence the trial court has issued non-bailable warrant against them.
Learned A.G.A. has vehemently opposed the prayer for quashing of the charge sheet.
A perusal of record indicates that on 18.5.2018 this Court has dismissed the application u/s 482 Cr.P.C. No.13791 of 2018 ( Raza @ Mustafa Raza and another vs. State of U.P. and another) and the petitioners ought to have appeared before the trial court and it appears that the petitioners have deliberately failed to appear before the trial court.
I do no find any ground to quash the NBW because the same has been issued by the trial court in order to procure the attendance of the applicants.
The prayer for quashing the NBW is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicants be considered and decided in accordance with law. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicant do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With aforesaid direction, this application is finally disposed of.
Order Date :- 11.6.2019 AU