Court No. - 73
Case :- APPLICATION U/S 482 No. - 30474 of 2019 Applicant :- Rajendra Singh And 4 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kr. Singh Paliwal Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the non bailable warrant order dated 04.01.2019 passed by Chief Judicial Magistrate, Mau in Criminal Case No. 1354 of 2013 (Umakant Vs. Rajendra and others), under Section 420 IPC, Police Station Chiraiyakot, District - Mau. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
A perusal of the record reveals that the summoning order was passed in accordance with law. Non-bailable warrant was issued when the applicants do not appear before the court concerned despite service of summon. Issuance of non-bailable warrant is within the jurisdiction of the court concerned.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.
At this stage, learned counsel for the applicants prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicants.
Hence, it is directed that in case the applicants surrender and apply for bail within 30 days from today, the same shall be considered and decided in view of the settled law. For a period of 30 days from today, effect and operation of the N.B.W. shall remain in abeyance.
It is made clear that no further time shall be allowed to the applicants to surrender before the court concerned.
With the above observations, the application stands disposed of. Order Date :- 26.8.2019 Sanjeet