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2016 DIGILAW 3504 (ALL)

Dan Bahadur v. State of U. P.

2016-10-20

PANKAJ MITHAL

body2016
JUDGMENT Pankaj Mithal,J. Heard learned counsel for the petitioner and learned A.G.A. for the State. The present petition has been filed for setting aside the order dated 29.08.2016 passed by the Chief Judicial Magistrate, Gorakhpur, District Gorakhpur, whereby non bailable warrant has been issued against the petitioner in Case Crime No. 371 of 2015 under Sections 147, 323, 504, 506, 325, 304 IPC, Police Station Belipur, District Gorakhpur. It is contended by learned counsel for the petitioner that without submission of charge sheet, non bailable warrant has been issued which is bad in law. The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a mala fide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. After hearing the learned counsel for the petitioner, learned A.G.A. and after perusing the material on record, this Court is of the opinion that the learned counsel for the petitioner could not point out any good ground which may call for interference by this Court in exercise of power conferred under Article 227 of the Constitution of India for quashing the order impugned. Accordingly, the prayer for quashing the order impugned is hereby refused. However, it is provided that if the petitioner files an application for recalling of the non-bailable-warrant issued against him within 30 days from today, his application may be considered and disposed of as expeditiously as possible, in accordance with law or in case, the petitioner appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail may 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. For a period of 30 days from today or till the disposal of the application for withdrawal of the non bailable warrant or application for grant of bail whichever is earlier, no coercive action shall be taken against the petitioner. However in case the petitioner does not appear before the Court below within the aforesaid period, coercive action shall be taken against him. However in case the petitioner does not appear before the Court below within the aforesaid period, coercive action shall be taken against him. With the aforesaid directions, this petition is finally disposed of.