Dinesh Sonkar And Another vs State Of U.P. And Another
2015 Latest Caselaw 2642 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 28934 of 2015
 
Applicant :- Dinesh Sonkar And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- M.B. Yadav
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri M. B. Yadav, learned counsel the applicants and Sri Ripusudan Yadav, 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 non-bailable-warrant dated 24.07.2014 (State Vs. Paras Nath and others), issued in Criminal Case No. 1010 of 2012, Case Crime No. 31 of 2012, under Sections 147, 148, 149, 323, 504, 506, 427, 342, IPC, Police Station Ghoorpur, District Allahabad, pending in the court of learned Judicial Magistrate, 3rd, Allahabad. He further prayed for stay the further proceeding of the aforesaid case, as well as non-bailable-warrant issued against the applicants.

Learned counsel for the applicant contended that the applicants have 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 moves 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 order 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.

Order Date :- 24.9.2015

VKG