Vishram Singh and Others vs State of U.P. and Another

Hon''ble Rajesh Dayal Khare, J.—Learned counsel for the applicants is permitted to make necessary corrections in the prayer clause during the course of the day. Heard Learned Counsel for the applicants and learned A.G.A. for the State-respondent.

The present application u/s 482 Cr.P.C. has been filed for quashing of the proceedings of Complaint Case No. 845 of 2008, under Sections 323, 402, 504, 506 IPC and also for quashing the summoning order dated 22.09.2008 passed by the Judicial Magistrate, Farrukhabad in the aforesaid case.

It is contended by the Learned Counsel for the applicants that after getting summoning order passed on 22.09.2008, the applicants absconded as is evident from the order sheet, thereafter non-bailable warrant has been issued against the applicants.

From the perusal of the record, it appears that due to non appearance of the applicants, non-bailable warrant has been issued, therefore, the prayer for quashing the same is hereby refused.

However, it is directed that the applicants shall appear before the Court concerned within a period of 20 days from today, till then N.B.W. issued against the applicants shall be kept in abeyance.

It is further provided that in case, the applicants move an application for grant of bail within the aforesaid period, their prayer for bail shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another v. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon''ble Apex Court reported in Lal Kamlendra Pratap Singh v. State of U.P. 2009(3) ADJ 322 (SC) With the aforesaid directions, this application is finally disposed of.