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Amit And 2 Others vs State Of Up on 13 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 31209 of 2019

Applicant :- Amit And 2 Others

Opposite Party :- State Of Up

Counsel for Applicant :- Sunil Kumar Tripathi

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants and learned Additional Government Advocate for 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 05.10.2015 arising out of case crime no. 21 of 2012 (State Vs. Amit and others), under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Gautam Budh Nagar pending in the court of Civil Judge (Senior Division)/F.T.C., Meerut.

The record indicates that the applicants were granted bail, and thereafter, they do not appear before the trial court, therefore, non bailable warrant was issued against them.

Learned counsel for the applicants submits that the applicants had no knowledge about this order. The police of concerned police station came to the house and told about the N.B.W. then family member of the applicants have informed them. In view of above, they could not gather any information about the issuance of non-bailable warrant dated 05.10.2015.

Per contra, learned AGA contended that non-bailable warrant has been issued in the year 2015 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 2015 i.e. for the last about four years and want this Court to come to his 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 warrant dated 05.10.2015 against the applicants and and further proceedings pursuant thereto.

Accordingly, the relief as sought by the applicants is refused.

However, it is provided that if the applicants appear before the court concerned within three weeks from today and apply 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 a period of three weeks from today no coercive action shall be taken against the applicants.

With the aforesaid direction, the application is disposed of.

Order Date :- 13.8.2019

L N Tripathi/AK Pandey

 

 

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