Court No. - 70
Case :- APPLICATION U/S 482 No. - 16974 of 2019 Applicant :- Sanjay Chauhan And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Arvind Kumar Saxena Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned Additional Government Advocate representing the State.
By means of this application under Section 482 Cr.P.C., the applicants have prayed for quashing of the non bailable warrant dated 19.6.2014, 4.4.2015, 2.2.2016, 8.2.2017, 13.4.2018 and 16.4.2019 passed by Additional Chief Judicial Magistrate/Fast Track Court, Auraiya. Further prayer has been made by the applicants for a direction to the court below to consider the bail applications of the applicants in Criminal Case No. 805 of 2012 (State vs. Chhotey and others) arising out of Case Crime No.
204 of 2010, under Sections 141, 341, 352, 504 IPC and Section 7 Criminal Law Amendment Act, police station Ajeetmal, district Auraiya on the same day.
Learned counsel for the applicants also submitted that due to unavoidable circumstances, the applicants could not appear in the court proceedings.
Per contra, learned AGA contended that non-bailable warrants have been issued in the year 2011 and since then applicants are absconding.
Admittedly, order sheets of the lower court show that applicants are playing hide and seek with the court since 2011 i.e. for the last about eight years and want this Court to come to their rescue by exercising its inherent jurisdiction.
Having considered the submissions of the parties and looking into the conduct of the applicants in the lower court, I find no good ground to interfere with the order of lower court issuing non-bailable warrants.
Accordingly, the relief claimed by the applicants is refused.
However, it is hereby provided that if the applicants appear before the court concerned within fifteen days from today and applies for bail, their prayer for bail shall be heard and disposed of as early as possible in view of the law laid down in Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437, Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 15 days from today, no coercive action shall be taken against the applicants in the above mentioned case.
With the aforesaid direction, the application is disposed of.
Order Date :- 29.4.2019 Sumaira