Rahul vs State Of U.P. And Anr.
2015 Latest Caselaw 2636 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 28901 of 2015
 
Applicant :- Rahul
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Abhitab Kumar Tiwari
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Abhitab Kumar Tiwari, learned counsel the applicant 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 order dated 23.09.2013, and all its consequential order passed by the Additional Chief Judicial Magistrate, Court No.6, Meerut, in Criminal Case No. 1309 of 2013 (State VS. Rahul), under Sections 323, 324, 325, 308, 504, 506 IPC, Police Station Hastinapur, District Meerut, arising out of Case Crime No. 323 of 2010, and all its consequential proceeding including non-bailable-warrant issued against the applicant.

Learned counsel for the applicant 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 applicant failed to appear before the trial court were beyond their control and the applicant has 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 applicant 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 applicant moves an application for cancelling the non-bailable-warrant issued against him 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 order thereon either recalling the non-bailable-warrant issued against the applicant or directing the applicant 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 applicant 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 applicant for ensuring their appearance before it.

Order Date :- 24.9.2015

VKG