Court No. - 49
Case :- APPLICATION U/S 482 No. - 6510 of 2018 Applicant :- Smt. Sunita Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
This application under Section 482 Cr.P.C. has been filed to quash order dated 7.7.2014 passed by the Additional Chief Judicial Magistrate, Court No. 5, Moradabad passed in Case No. 1275/9 of 2011 arising out of Case Crime No. 1370 of 2007, under Section 406 IPC, Police Station Civil Lines, District Moradabad (State Vs. Smt. Sunita Devi Gupta).
Learned counsel for the applicant contended that earlier the applicant had been granted bail by the competent court and thereafter she could not appear on a single day before the trial court. Hence, non-bailable warrant hase been issued against her. He further submits that the reasons on account of which the applicant failed to appear before the trial court were beyond her control and that the applicant has every intention to appear before the court concerned and participate in the trial.
Considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the direction:
(i) the applicant shall move an application to cancel the non-bailable warrant issued against her before the court below within three weeks from today along with the certified copy of this order;
(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non bailable warrant issued against the applicant or to direct the applicant to file fresh bail bonds within a further period of one week , thereafter;
(iii) for a period of four weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance.
In the event of failure, on part of the applicant to act within time as directed above, the Court below may adopt all coercive measures to ensure her appearance.
Order Date :- 27.2.2018 Mini