Court No. - 68
Case :- APPLICATION U/S 482 No. - 21696 of 2019 Applicant :- Nandu And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Maurya Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C., has been filed for quashing the non bailable warrant dated 7.5.2019 passed by Additional Chief Judicial Magistrate, Court No. 10, Azamgarh in Complaint Case No. 730 of 2016 (Somari Vs. Nandu), under Sections 427, 323, 504, 506 IPC, Police Station Raunapar, District Azamgarh.
Learned counsel for the applicants contended that due to non awareness of the date fixed before the Trial Court, applicants could not appear before the Trial Court.
As applicants did not appear before the Trial Court. Accordingly, there was no option left for the Magistrate except to pass order issuing non bailable warrant.
I find no illegality in the impugned order passed by the Trial Court. Accordingly, the prayer for quashing the non bailable warrant is refused.
However, considering the facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court concerned and apply for bail, their prayer for bail shall be considered and decided by the Trial Court, expeditiously preferably on the same day.
For a period of 30 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
With the aforesaid directions, this application is disposed of. Order Date :- 30.5.2019 Jaswant