Court No. - 53
Case :- APPLICATION U/S 482 No. - 19989 of 2018 Applicant :- Narendra And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mukul Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Mukul Tripathi, learned counsel for the applicants and Sri Sudhir Kumar Pathak, learned AGA alongwith Sri Abhinav Tripathi appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the non-bailable warrants dated 02.03.2017 passed by learned CJM, Gautam Budh Nagar in Case No.6900 of 2013 (State Vs. Narendra & Ors.) arising out of Case Crime No.388 of 2013 (State Vs. Katari Banjara & Ors.), under Sections 323, 427, 326 IPC, PS Sector-20, NOIDA, District Gautam Budh Nagar.
The submission of the learned counsel for the applicants is that the applicants were originally challaned in Case Crime No.388 of 2013, under Sections 323, 427, 325 IPC wherein they surrendered and applied for bail and were enlarged on bail. Subsequently, at the time of filing of charge sheet Section 326 IPC has been substituted in place of the offence under Section 325 IPC. The applicants are faced coercive processes and warrants of arrest in relation to the added section. No case for quashing the non-bailable warrants issued vide order dated 02.03.2017 is made out. The prayer for quashing the same is, therefore, refused.
Considering the aforesaid facts and circumstances of the case, it is directed that in case the applicants appear and surrender before court below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati & Anr. Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till the disposal of the application for 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 the aforesaid directions, this application is finally disposed of.
Order Date :- 31.5.2018 Shahroz