Bhawna Pandey vs The State Of U.P Thru Special ...
2011 Latest Caselaw 6086 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 5015 of 2011
 

 
Petitioner :- Bhawna Pandey
 
Respondent :- The State Of U.P Thru Special C.J.M., Customs Lucknow
 
Petitioner Counsel :- Akhilesh Kr Srivastava,Prashant Pandey
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Counter affidavit filed by learned AGA is taken on record.

Heard learned counsel for the applicant and learned AGA for the Stare and perused the record.

The present application under section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the impugned order dated 24.09.2011 of the Trial Court for issuance of non-bailable warrant and further prayed that petitioner be permitted to appear before the Trial Court for facing her trial on same bail bonds.

Learned counsel for the applicant contended that the summon was never served upon the applicant, so she could not appear before the learned trial court on the date fixed. On 11.05.2011, the learned trial court issued a bailable warrant against the applicant, the same was not served upon the applicant hence, non-bailable warrant was issued against the applicant, which is against the provisions of law. Hence, the order for passing non-bailable warrant is illegal and is to be quashed. However, the applicant is ready to appear before the court concerned for facing trial.

In view of the fact, the applicant may appear before the court concerned within two weeks from today and apply for bail, the same shall be considered expeditiously in accordance with law.

For a period of two weeks no coercive action will be taken against the applicant.

Order Date :- 23.11.2011

v.k.updh.