Ujiyare Lal And 5 Others vs State Of U.P. And Another
2019 Latest Caselaw 5384 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- APPLICATION U/S 482 No. - 22517 of 2019
 

 
Applicant :- Ujiyare Lal And 5 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ram Kishun Misra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Heard Sri Ram Kishun Misra, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 13.5.2019 passed in Complaint Case No. 28 of 2018 (Balvir Singh Yadav Vs. Ram Shankar & others) under Sections 395, 436, 427, 504, 506 IPC, P.S. Rasoolabad, District Kanpur Dehat by which, because of absence of applicants, learned trial court directed to issue non-bailable warrant against them. On being asked whether any application to recall the order of non-bailable warrant in view of order dated 29.11.2018 of this Court passed in Criminal Misc. Application U/S 482 Cr.P.C. No. 38310 of 2018 has been moved by the applicants, the learned counsel for the applicants submitted that no such application was given before the trial court.

Since in Criminal Procedure Code itself there is provided a remedy by moving an application for cancellation of non-bailable warrant and no recourse has been made by the applicants by moving such application, I find no ground for interference in the impugned order.

Accordingly, application is disposed of with the direction that if an application is moved by the applicants for cancellation of non-bailable warrant, the learned trial court will consider the same and pass appropriate order in view of order dated 29.11.2018 passed by this Court in Criminal Misc. Application U/S 482 Cr.P.C. No. 38310 of 2018.

Order Date :- 11.6.2019

RCT/-