Court No. - 44
Case :- APPLICATION U/S 482 No. - 14792 of 2018 Applicant :- Anita Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the NBW dated 11.11.2016 issued by A.C.J.M.-IST, Firozabad in Complaint Case No.2288 of 2014 (Mohd. Haroon Vs. Smt. Anita) under Section 138 N.I. Act, Police Station Rasoolpur, District Firozabad.
The learned counsel appearing on behalf of the applicant submitted that the prayer in the present application is limited to quash the NBW order dated 11.11.2016. He undertakes to participate in the proceedings of Complaint Case No.2288 of 2014 under Section 138 N.I. Act, Police Station Rasoolpur, District Firozabad. He submitted that the applicant had no knowledge about NBW dated 11.11.2016 and after the festival of Holi, the concerned police came to the house of the applicant on 18.03.2018 when she came to know about NBW dated 11.11.2016 issued by the Court below. Therefore, the NBW issued vide order dated 11.11.2016 may be quashed.
However, keeping in view that the applicant is a lady, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and apply for bail, then the bail application of the applicant be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant did not appear before the Court below within the aforesaid period, coercive action shall be taken against her.
Non Bailable Warrant dated 11.11.2016 issued by A.C.J.M.-IST, Firozabad in Complaint Case No.2288 of 2014 (Mohd. Haroon Vs. Smt. Anita) under Section 138 N.I. Act, Police Station Rasoolpur, District Firozabad shall be kept in abeyance.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 30.4.2018 Madhurima