Shiv Raj vs. State Of U.P. And Another
Facts
The applicant, Shiv Raj, filed an application under Section 482 CrPC seeking to quash a Non-Bailable Warrant (NBW) dated June 18, 2015. This NBW was issued by the Additional District and Sessions Judge/FTC, Court No.4, Kasganj, in GST No. 69 of 2012, which originated from Case Crime No. 16 of 1998 under the Gangster Act. The applicant stated that he was on bail but failed to appear in court on the specified date due to circumstances beyond his control. He expressed his intention to surrender and seek fresh bail. The applicant is the petitioner, and the respondents are the State of U.P. and another.
Held
The Court considered the applicant's submission that he was on bail and had failed to appear on June 18, 2015, due to circumstances beyond his control. The Court directed that if the applicant appears before the court below and surrenders within 45 days from the date of the order and applies for bail, his bail application shall be considered and decided in accordance with the settled law, citing Amrawati & Anr. Vs. State of U.P. and Lal Kamlendra Pratap Singh Vs. State of U.P. The Court further ordered that no coercive action would be taken against the applicant for 45 days or until the disposal of his bail application, whichever is earlier. However, if the applicant fails to appear within the stipulated period, coercive action would be permissible. The application was disposed of with these directions.
Key Issues
1. Whether the Non-Bailable Warrant (NBW) dated June 18, 2015, issued by the learned Additional District and Sessions Judge/FTC, Court No.4, Kasganj, in GST No. 69 of 2012, arising out of Case Crime No. 16 of 1998 under Section 2/3 Gangster Act, should be quashed. Petitioner's Contention: The applicant argued that the NBW was issued due to his unavoidable absence on June 18, 2015, while he was on bail. He claimed to be a law-abiding citizen who wished to surrender and seek bail. He relied on the principles laid down in Amrawati & Anr. Vs. State of U.P. (2004) and Lal Kamlendra Pratap Singh Vs. State of U.P. (2009). Revenue's Contention: The judgment records no specific argument from the State.
Sections Cited
Section 482
AI-generated summary — verify with the full judgment below
Court No. - 53 Case :- APPLICATION U/S 482 No. - 17635 of 2018 Applicant :- Shiv Raj Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jai Narain,Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the NBW dated 18.06.2015 (Annexure No.3) passed by the learned Additional District and Sessions Judge/FTC, Court No.4, Kasganj in GST No.69 of 2012 arising out of Case Crime No.16 of 1998 (State of UP Vs. Raiwadi & Ors.), under Section 2/3 Gangster Act, PS Sikandar Pur Vaishya, District Etah now Kasganj.
It has been submitted that the applicants were on bail but could not reach the court on 18.06.2015 and in consequence of which non-bailable warrants have been issued. It is submitted that the lapse has occurred on account of factors beyond the applicant's control and he is a law abiding citizen who wishes to submit to the process of law, surrender and seek bail afresh.
Considering the aforesaid facts and circumstances, in particular, the fact that the applicant was on bail, it is directed that
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.