Court No. - 5 Case :- U/S 482/378/407 No. - 2852 of 2010 Petitioner :- Krishna Kewal & Ors. Respondent :- State Of U.P. & Another Petitioner Counsel :- Satyam Maurya,Ram Kumar Mauyra Respondent Counsel :- Govt. Advocate Hon'ble Vedpal,J.
This petition under Section 482 Cr.P.C. for quashing the order dated
16.3.2010 passed by the Chief Judicial Magistrate, Ambedkar Nagar in Case
No.11/2010 (Case Crime No.599/09 Under Sections 308, 323, 324, 325,
504,506 I.P.C., Police Station Jaitpur, District Ambedkar Nagar, whereby non
bailable warrant of arrest was issued against the applicant on account of non
appearance.
Notice on behalf of the opposite party no.1 has been accepted by the learned
A.G.A.
Notice against the respondent no.2 is dispensed with.
Heard learned counsel for the petitioners and the learned A.G.A. and perused
the record of the case.
Learned counsel for the petitioners submits that the applicants could not
appear before the court below as they had no knowledge of the date fixed as
they left their house for Bombay for their livelihood but there are other co
accused in the applicants’ family in the case, the order of issuance of the non
bailable warrant, cannot be said to be misuse of the process of the court.
There is no substance in the petition. The petition is liable to be dismissed.
After arguing at some length, learned counsel for the petitioners confines his
prayer to the extent that a direction be issued to the courts below for
expeditious disposal of their bail.
in view of the above, this petition is disposed of with a direction that if the
petitioners surrender before the court below within ten days and move the
application for their bail, the same shall be considered and disposed of by the
courts below, expeditiously, in the light of the law laid down by Full Bench of
this Court in case of Smt. Amrawati and another Vs. State of U.P. reported
in 2005 CBC page 705.
Order Date :- 5.7.2010
Shukla