Court No. - 54
Case :- APPLICATION U/S 482 No. - 31464 of 2018 Applicant :- Natthi Lal And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Supplementary affidavit filed on behalf of the applicants today, is taken on record.
Heard learned counsel the applicants and learned A. G. A.
The present application under Section 482 Cr. P. C. has been filed for quashing the order dated 19.06.2018 passed by the Chief Judicial Magistrate, Mathura in Case No. 12576/IX of 2015 (State v. Natthi Lal and others v. State) arising out of NCR No. 179 of 2013, under sections 323, 504 and 506 IPC, P.S. Vrindavan, District Mathura. by which non-bailable warrant has been issued against the applicants for ensuring their presence in the aforesaid case after they failed to respond to the summons and bailable warrants issued against them in this case.
It is contended that the applicants are ready to appear before the Court and participate in the proceedings of the case.
Perusal of record reveals that cognizance order was passed on 26.08.2015 and charge sheet no. NIL of 2014 was submitted on 04.12.2013 and when the accused failed to appear before the court below for many a days on the dates fixed, non bailable warrants were issued on 19.06.2018. The Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned order is refused, as factual aspects cannot be adjudicated by this Court in exercise of power envisaged under section 482 Cr.P.C.
The prayer for quashing the order issuing non- bailable warrant is refused.
However, it is provided that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail shall be considered in view of the settled law laid by the Seven Judges' decision of this Court in the cases of Amrawati and another Vs. State of U.P. [2005 Cr. L. J. 755] as well as judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P. [2009 (3) ADJ 322 (SC)].
For a period of 45 days from today till the applicants surrender and apply 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 :- 18.9.2018 shailesh