Court No. - 68
Case :- APPLICATION U/S 482 No. - 21734 of 2019 Applicant :- Vinod And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed against the order dated 15.02.2018 passed by Chief Judicial Magistrate, Sant Kabir Nagar issuing non-bailable warrant in Complaint Case No. 2938 of 2013 (Prabhawati Vs. Vinod), under Sections 452, 323, 504, 506 I.P.C., PS Dhanghata, District-Santi Kabir Nagar.
Learned counsel for the applicants contended that applicants could not appear before the trial Court on the date fixed i.e. 15.02.2018, accordingly, the impugned order has been passed.
As applicants did not appear before the trial Court on the date fixed, therefore, there was no option except to issue non- bailable warrant against the applicants. Accordingly, I find no any abuse of process of Court.
In the result, the application is rejected.
However, considering the facts and circumstances of the case, it is directed that if applicants surrender and apply for bail application within 30 days from today, same shall be decided by the trial Court expeditiously preferably on the same day.
For a period of 30 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
Order Date :- 30.5.2019 AKT