HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 29367 of 2015 Applicant :- Ravindra Kumar & Another Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Rajesh Kumar Chitragupt Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Rajesh Kumar Chitragupt, learned counsel for the applicant, and Sri Manish Deo, learned A.G.A. appearing for the State, and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the non-bailable-warrant orders dated 26.07.2014 and 06.07.2015, passed in Criminal Case No. 1185 of 1992, Case Crime No. 7 of 1992, under Sections 143, 504, 506, 427, 352, IPC, Police Station Itwa, District Siddharth Nagar.
After having heard the learned counsel for the parties present and perused the impugned order as well as the material brought on record, I do not find any justification for quashing the impugned non-bailable-warrant orders passed in the aforesaid case as well as further proceeding of the aforesaid case. The prayer for quashing the same is hereby refused.
However, it is directed that in case the applicants appears and surrender before the court below within three weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.
For a period of three weeks from today, non-bailable-warrant issued against the applicants shall be kept in abeyance.
However, in case, the applicants does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicants will not be granted any further time by this Court for surrendering before the Court below as directed above.
The court below to decide aforesaid case in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order, if there is no legal impediment.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 30.9.2015/VKG