Abdul Rauf vs State Of U.P. And Another
2019 Latest Caselaw 1683 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 10511 of 2019
 

 
Applicant :- Abdul Rauf
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Brij Lal Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present application under section 482 Cr.P.C. has been filed for quashing the non bailable warrant dated 24.5.2017 issued against the applicant in Special Session Trial No. 10 of 2013 (State Vs. Abdul Rauf), under section 18/27 D. Act, P.S. Civil Line, District Moradabad pending in the court of Additional District Judge IV, Moradabad.

Learned counsel for the applicant contended that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.

Considering the facts and circumstances of the case, I do not find any ground to quash the order of non bailable warrant. Accordingly, the prayer for quashing the order of non bailable warrant is hereby refused.

However, it is provided that if the applicant appears and surrenders before the court below within two weeks from today and applies for bail, then the bail application of the applicant be considered and decided expeditiously, if possible on the same day in accordance with law. For a period of two weeks from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 26.3.2019

Masarrat