Wazid and Another v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 41714 of 2023 Applicant :- Wazid And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicants, learned AGA and perused the record.

¶2Applicants have invoked the inherent jurisdiction of this Court assailing the Non Bailable Warrant dated 13.02.2019 in Case no. 908/21 (State Vs. Wazid & another) arising out of Case Crime No. 0308 of 2017, under Sections 323, 324, 504 I.P.C., Police Station-Shergarh, District - Bareilly Pending in the Court of Civil Judge (S.D.) F.T.C., District Bareilly.

¶3After due deliberation at length, without pressing the matter on its merit, learned counsel for the applicants submits that due to lack of knowledge, they could not appear before the court concerned and participate in the criminal proceedings which lead issuance of non bailable warrant against them. It is further submitted that present applicants never intended to ignore the court proceedings. However, due to inadvertence and want of knowledge they could not appear before the Court, thus, a protection may be given to the present applicants so that they may appear before the court concerned and participate in the trial.

¶4In this conspectus as above, no useful purpose would be served to keep the instant application pending. Therefore, this Court deems it appropriate to decide the present application finally, without entering into the merits of the case as mentioned in the present application, with a direction that the present applicants in case appear/surrender and file a bail application within a period of two weeks from today, same shall be considered and decided by the court concerned within a period of two weeks thereafter.

¶5In the interest of justice, for a period of four weeks or till the decision of bail application, whichever is earlier, no coercive action shall be taken against the present applicants in proceedings arising out of Case Crime No. 0308 of 2017 as mentioned above. Order Date :- 6.12.2023/vkg High Court of Judicature at Allahabad