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Allahabad High Court · body

2015 DIGILAW 1202 (ALL)

Bhupendra Pandey v. State of U. P.

2015-05-13

MANOJ MISRA

body2015
JUDGMENT Manoj Misra, J. Heard learned counsel for the applicants; the learned AGA for the State and perused the record. 2. The instant application has been filed seeking quashing of the order dated 25th April, 2015, by which non-bailable warrant has been issued against the applicants in proceedings arising out of case crime no.563 of 2012, pending in the Court of Special Chief Judicial Magistrate, Allahabad, under Sections 457, 380, 419, 420, 467, 468 and 471 IPC, police station Colonelganj, district Allahabad. 3. A perusal of the record would go to show that for seeking quashing of the proceeding, the applicants had filed an application under Section 482 CrPC No.17993 of 2014 in which the prayer of the applicants to quash the charge sheet and the proceeding was refused with liberty to the applicants to surrender before the Court concerned within 45 days from the date of the order i.e. 20th May, 2014 and it was also provided that for a period of 45 days or till the applicants surrender and apply for bail, whichever is earlier, no coercive action would be taken against the applicants. It was specifically provided in the said order that if the applicants do not appear before the Court below within the stipulated period, then coercive action would be taken against them. 4. It appears that despite above order dated 20th May, 2014, the applicants failed to appear before the Court concerned and avail the liberty given by this Court to surrender and apply for bail. Instead they approached this Court through an application under Section 482 CrPC No.4666 of 2015 again challenging the entire proceedings of the said case and the order dated 30th January, 2015 by which non-bailable warrant had been issued against the applicants. This Court taking a lenient view upon the application of the applicants that there had been illness in their family, granted further relief to the applicants by providing that if the applicants surrender and appear before the Court below within 30 days from the date of the order i.e. 18th February, 2015, then their bail application would be considered expeditiously and it was also provided that for a period of 30 days non-bailable warrant issued against the applicants would remain in abeyance. It was categorically provided in the order dated 18th February, 2015 that if the applicants do not appear before the Court below within the aforesaid period, then coercive action would be taken against them. This Court also categorically provided that the applicants will not be granted any further time by this Court for surrendering before the Court below as directed vide order dated 18th February, 2015. Despite the aforesaid directions by this Court, the applicants, till date, neither surrendered before the Court concerned, nor have applied for bail and have again challenged the non-bailable warrants issued against them vide order dated 25th April, 2015. In view of the clear direction given by this Court in its last order dated 18th February, 2015, this application cannot be entertained and is, accordingly, dismissed.