Mahesh Chandra Mishra vs State Of U.P. And Anr.
2015 Latest Caselaw 2969 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 30021 of 2015
 
Applicant :- Mahesh Chandra Mishra
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Sher Bahadur Singh
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Sher Bahadur Singh, learned counsel the applicants and Sri Manish Deo, learned A.G.A. appearing for the State and perused the record.

The present 482 Cr.P.C. application has been filed for quashing the impugned non-bailable-warrant dated 04.08.2015, passed by the learned Additional District Judge, Court No.15, Allahabad, in Session Trial No. 1043 of 2004(State Vs. Mahesh Chandra), arising out of Case Crime No. 232 of 2000, under Sections 323, 325, 504, 506, IPC, and 3(1)(10) SC/ST Act, Police Station Handia,  District Allahabad, and further prayed for stay the further proceeding of the aforesaid case. 

Learned counsel for the applicants contended that the applicant has already been granted bail by the competent court and thereafter they could not appear before the trial court, hence non-bailable-warrant was issued against him. He further submits that the reasons on account of which the applicants failed to appear before the trial court were beyond their control and the applicants have every intention to appear before the court concerned and participate in the proceedings of the trial.

After having considered the submissions made by the learned counsel for the applicants and perused the impugned order as well as the other materials brought on record, without expressing any opinion on the merits of the case, I dispose of this application with a direction that in case the applicants move an application for cancelling the non-bailable-warrant issued against them before the court below within three weeks from today along with the certified copy of this order, in that case the concerned court will be at its discretion to pass appropriate orders thereon either recalling the non-bailable-warrant issued against the applicants or directing the applicants to file fresh bail bonds in the aforesaid case as the case may be within a further period of one week thereafter.

For a period of three weeks from today, non-bailable-warrant issued against the applicants shall be kept in abeyance.

In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicants for ensuring their appearance before it.

The trial court is directed to expedite the trial and conclude the same expeditiously, preferably within a period of six months, from today, if there is no legal impediment.

Order Date :- 7.10.2015

VKG