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Naresh And Anr vs State Of U P And Anr

High Court Of Judicature at Allahabad|11 June, 2019
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JUDGMENT / ORDER

Court No. - 2
Case :- APPLICATION U/S 482 No. - 22551 of 2019 Applicant :- Naresh And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sunil Kumar Singh, 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 NBW dated 29.04.2019 issued against the applicants in Case No.9231 of 2016 arising out of Case Crime No. 742 of 2015 under section 420, 506 IPC Police Station Sector 58, District Gautam Budh Nagar.
It is argued by the learned counsel for the applicant that the accused applicants could not appear before the trial court since 3.7.2017 because their father had died and that resulted an issuance of the NBWs against the applicants which need to be quashed.
Learned A.G.A. has vehemently opposed the prayer for quashing the NBWs issued against the applicants.
I do no find any ground to quash the NBWs because the same have 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 applicants 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
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Title

Naresh And Anr vs State Of U P And Anr

Court

High Court Of Judicature at Allahabad

JudgmentDate
11 June, 2019
Judges
  • Dinesh Kumar Singh I
Advocates
  • Sunil Kumar Singh