HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 29335 of 2015 Applicant :- Keshav Dev & 4 Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Diwakar Tiwari Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Diwakar Tiwari, learned counsel for the applicants, and Sri Vikash Rana, 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 dated 18.02.2015, passed by the learned Additional Chief Judicial Magistrate, Court No.9, Aligarh, in Case No. 774 of 2011 (State Vs. Santosh and another), under Sections 498-A, 323, 504, 506, 452 of IPC and 3/4 D. P. Act, Police Station Delhi Gate, District Aligarh. He further prayed for stay the execution of the non-bailable-warrant.
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 order passed in the aforesaid case. The prayer for quashing the same is hereby refused.
However, it is directed that in case the applicant 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.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 30.9.2015/VKG