Court No. - 82
Case :- APPLICATION U/S 482 No. - 33290 of 2019 Applicant :- Pankaj Kumar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajendra Kumar Misra Counsel for Opposite Party :- G.A.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for the State and perused the record.
The present application U/S 482 Cr.P.C. has been filed with a prayer to allow this application and to quash the impugned N.B.W. order dated 10.07.2019 passed by learned Additional Chief Judicial Magistrate-II, Saharanpur in Complaint Case No.3462 of 2018 (Randhir Singh Vs. Pankaj Kumar & another) Under Section 420 I.P.C., Police Station-Nakud, District- Saharanpur. Further prayer is made to stay the effect and operation of the said order.
Learned counsel for the applicants has submitted that for the reason which was beyond his control he could not appear before court below in Complaint Case No.3462 of 2018. Consequently, non-bailable warrant was issued against the applicants. They have every intention to appear before court below and participate in proceedings of trial.
Learned A.G.A. has opposed the application.
Non-bailable warrant was issued on 10.07.2019 when accused applicants despite the knowledge of the proceedings failed to appear in proceedings of court below. Issuance of non-bailable warrant is well in jurisdiction of court concerned.
Having regard to the facts and circumstances of the case, after perusing the record and considering the submissions of learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. At this stage, learned counsel for the applicants has submitted that interim protection be granted till surrender in court concerned.
Considering the prayer of learned counsel for the applicants without expressing any opinion on the merit of the case, the application is disposed of with a direction to the applicants to surrender before the court below within 30 days from today and apply for bail which shall be considered and decided by the court concerned expeditiously. Within a period of 30 days from today or till submission of surrender application, whichever is earlier, the effect and operation of non-bailable warrant shall be kept in abeyance.
In case of default, the court below will be at liberty to take all coercive actions against applicants for ensuring their appearance.
With the above observations/directions, the application stands disposed of.
Order Date :- 26.9.2019 SK Goswami