Court No. - 70
Case :- APPLICATION U/S 482 No. - 28933 of 2019 Applicant :- Annu @ Smt. Anuradha And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Srivastava,Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Vakalatnama filed by Sri Nirvikar Gupta, Advocate, on behalf of applicants and vakalatnama filed by Birendra Singh Khokher, Advocate, on behalf of opposite party no.2 are taken on record.
Supplementary affidavit dated 26.07.2019 filed on the applicants, is taken on record.
Heard Sri Nirvikar Gupta, learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1, Sri Birendra Singh Khokher, learned counsel for the opposite party no.2 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the non-bailable warrant dated 22.07.2019 as well as criminal proceedings of Case No.8703 of 2016 (State vs. Suraj and others) arising out of Case Crime No.717 of 2016, under sections 498A, 323, 326, 307 IPC, Police Station Sihani Gate, District- Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No.3, Ghaziabad.
This case has checkered history of litigation. The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned non-bailable warrant dated 22.07.2019 and impugned criminal proceedings against the applicants and requested to grant some protection against non-bailable warrant dated 22.07.2019, so that applicants may seek appropriate remedy available to them. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application.
The aforesaid last prayer made by the learned counsel for the applicants does not oppose by the learned counsel appearing for the opposite party no.2.
In view of above, the relief so claimed in the application is hereby refused. However, considering the last submission of learned counsel for the applicants, it is hereby directed that operation and effect of the non-bailable warrant dated 22.07.2019 shall remain stayed for a period of 30 days from today.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 26.7.2019 SKD