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2015 DIGILAW 4150 (ALL)

Kiran v. State of U. P.

2015-12-23

RAMESH SINHA

body2015
JUDGMENT Ramesh Sinha, J. Heard Sri Rajendra Singh, learned counsel the applicants, Sri Sanjay Tripathi, learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. petition has been filed for quashing the Non-bailable warrants dated 28.9.2015 issued by C.J.M., Rampur in Criminal Case No.3544 of 2015 (State Vs. Pawan Saini), arising out of case crime no.167 of 2015, under Sections 323, 324, 504, 506 I.P.C. and 3(1)X SC/ST Act, police station Bilaspur, District Rampur. It has been contended by the learned counsel for the applicants that the applicants have earlier approached this Court and filed a Crl. Misc. 482 Cr.P.C. Application No.17223 of 2015 which has been dismissed by this Court vide order dated 2.7.2015, copy of which has been annexed at page-36 of the application. 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. 3. After having heard the learned counsel for the applicants and perused the impugned order as well as the materials brought on record, I do not find any justification for quashing the non-bailable warrant order dated 28.9.2015. 4. 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 the applicant shall surrender before the Court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. 5. For a period of 30 days from today, non-bailable warrant issued against the applicant shall be kept in abeyance. 6. In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicant for ensuring his appearance before it. With the aforesaid directions, this 482 application is finally disposed of.