Ismail vs. State Of Up And Another

Facts

The applicant, Ismail, filed a petition under Section 482 of the Cr.P.C. seeking to quash a non-bailable warrant issued against him on February 7, 2018, by the learned Additional District Judge 5th/Gangster Jalaun Orai. The warrant was issued in connection with GST Case No. 154 of 2006, under Sections 2/3 of the Gangster Act. The State of U.P. and another were the opposite parties. The proceedings relate to a matter from 2006.

Held

The Court refused to quash the non-bailable warrant. However, it provided relief by directing that if the applicant files an application for recalling the warrant within three weeks, it should be considered and disposed of expeditiously. Alternatively, if the applicant appears before the court below and applies for bail within three weeks, his bail application shall be considered and decided in view of the settled law. No coercive action shall be taken against the applicant for three weeks or until the bail application is decided, whichever is earlier. The Court also directed the concerned court to expedite the trial, which relates to the year 2006, and conclude it within nine months from the production of the certified copy of the order, without granting adjournments. The applicant's cooperation with the trial was also noted as a factor.

Key Issues

1. Whether the non-bailable warrant issued against the applicant under Sections 2/3 of the Gangster Act in connection with GST Case No. 154 of 2006 should be quashed. The applicant argued for the quashing of the warrant. The State's contentions were not explicitly recorded in terms of arguments presented, but the court's decision implies a stance against outright quashing without further procedural steps. The court considered the applicant's plea in light of settled law on bail and warrant recall.