- Court
- High Court of Judicature at Allahabad
- Decided
- 26 October 2023
- Case no.
- A482 33266/2023
Judgment
Court No. - 91 Case :- APPLICATION U/S 482 No. - 33266 of 2023 Applicant :- Manoj Kushwah And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.
¶1Heard counsel for the applicants, learned A.G.A for the State and perused the record.
¶2This application under Section 482 Cr.P.C. has been filed to quash the non-bailable warrant order dated 23.05.2021 as well as the entire proceeding of criminal case no.3167 of 2014 (State vs. Mamoj Kumar and others), under sections 498A/34 I.P.C., P.S. Prem Nagar, District Jhansi, pending in the court of Additional Chief Judicial Magistrate-Ist, Jhansi and further prayer to stay the further proceedings of the aforesaid case has been made.
¶3The only submission raised by learned counsel for the applicants is that the court concerned vide order dated 23.05.2021 has issued non-bailable warrant for appearance of the applicants. Counsel for the applicants has urged that an opportunity be granted to the applicants to file an application for recall of the order issuing non-bailable warrant/ to move an application for bail.
¶4Learned AGA has no objection to the said prayer.
¶5The prayer for quashing the entire proceeding of aforesaid criminal case is hereby refused.
¶6However, it is provided that if the applicants file an application for recall of the order issuing non-bailable warrant/ move an application for bail within four weeks from today, the said application shall be considered by the court concerned and appropriate order shall be passed expeditiously.
¶7For a period of four weeks, no coercive action shall be taken against the applicants.
¶8In the event of failure, on the part of the applicants to act within time as directed above, the court concerned may adopt all coercive measures to ensure the appearance.
¶9With the aforesaid observations, this application is finally disposed of. Order Date :- 27.10.2023 Shiv High Court of Judicature at Allahabad
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.