Court No. - 27
Case :- APPLICATION U/S 482 No. - 30719 of 2019 Applicant :- Vijay Prakash And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anup Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the N.B.W. order dated 22.10.2018 issuing non-bailable warrant in Complaint case no. 2515 of 2016 (Smt Shakuntala Devi Vs Om Prakash and others), under Sections 323, 504 IPC, Police Station Jhangaha, District Gorakhpur pending in the court of Civil Judge, (Sr. Division), Court No. 3/ACJM, Gorakhpur.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
A perusal of the record reveals that the summoning order was passed in accordance with law. Pursuant to which applicants surrendered and obtained bail. Non-bailable warrant was issued when the applicant did not appear before the court concerned.
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 pray 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 applicant to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 22.8.2019 RavindraKSingh