Court No. - 43
Case :- APPLICATION U/S 482 No. - 31041 of 2018 Applicant :- Om Prakash And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Bhim Yadav Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Bhim Yadav, learned counsel the applicants and learned A.G.A.
The present 482 Cr.P.C. petition has been filed for quashing the impugned order dated 2.2.2010, issuing the warrant of arrest (NBW) against the applicants in Case No.4930 of 2005 (State vs. Om Prakash and others) arising out of Case Crime No.202 of 1994 under Sections 332 and 506 IPC, Police Station Haldharpur, District Mau passed by the Judicial Magistrate, Mau.
Learned counsel for the applicants submits that for reasons beyond their control, they could not ensure their presence before the Court concerned and now a non-bailable warrant has been issued under order dated 2.2.2010. He submits that if they are granted limited protection, they shall ensure their presence before the Court concerned, so that their bail application may be disposed of, as expeditiously as possible.
Learned A.G.A. has no objection.
After having considered the submissions made by the learned counsel for the applicants and perused the impugned order as well as the other materials brought on record, without expressing any opinion on the merits of the case, I dispose of this application with a direction that in case the applicants move an application for cancelling the non-bailable warrant issued against them before the court below within three weeks from today along with the certified copy of this order, in that case the concerned court shall pass appropriate orders thereon within a further period of two weeks either by recalling/ cancelling the non-bailable warrant or by accepting fresh bail bonds, as the case may be.
For a period of six weeks from today or till the disposal of the application whichever is earlier, non-bailable warrant issued against the applicants shall be kept in abeyance.
In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicants for ensuring their appearance before it.
Order Date :- 6.9.2018 RS