Court No. - 70
Case :- APPLICATION U/S 482 No. - 32552 of 2019 Applicant :- Anwar Raja Fatmi Opposite Party :- State Of Up Counsel for Applicant :- Sanjay Pratap Singh,Mushir Khan Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 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 applicant with a prayer to quash the non-bailable warrant dated 17.7.2018 passed by Additional Civil Judge (J.D.)/Judicial Magistrate, court No. 1 in Criminal Case No. 286 of 2017 (State vs. Anwar Raja) arising out of Case Crime No. 27 of 2016, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, police station Mahila Thana, district Jhansi.
Learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned the non-bailable warrant dated 17.7.2018 against the applicant and requested to grant some protection, so that applicant may surrender before the court below. Learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the recall of N.B.W/bail application of the applicant expeditiously in accordance with law.
Considering the prayer made by learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within three weeks from today and applies for recall of N.B.W./bail application, the same shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of three weeks from today, no coercive action shall be taken against the applicant in the aforesaid case.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 26.8.2019 Sumaira