Court No. - 27
Case :- APPLICATION U/S 482 No. - 30846 of 2019 Applicant :- Vinod Kumar And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Shri Krishan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Sri Shri Krishan Yadav, learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to set aside the non bailable warrant in Complaint Case No.212 of 1993, under Sections 395, 397 I.P.C., Police Station Bharthna, District Etawah. Further prayer has been made to stay the further proceedings of aforesaid complaint case.
A perusal of the record reveals that the summoning order was passed in accordance with law. Non-bailable warrant was issued when the applicants did 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 pray that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.
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. However, considering the fact that the complaint is of the year 1993, court below is expected to conclude and decide the same without granting any unnecessary adjournment to either of the parties expeditiously fixing short dates.
With the above observations, the application stands disposed off. Order Date :- 22.8.2019 Ajeet