Court No. - 66
Case :- APPLICATION U/S 482 No. - 47242 of 2019 Applicant :- Arun And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Virendra Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned AGA.
This application U/S 482 Cr.P.C. has been filed seeking quashing of the non bailable warrant order dated 2.12.2019 as well as rejecting the discharge application passed by learned Additional Session Judge/ Special Judge (POCSO Act), Muzaffar Nagar in Case no. 56/9 of 2019 (State vs. Arun and others) arising out of Case Crime no. 1146 of 2018, u/s 376-D IPC and Section 5/6 POCSO Act, P.S. Khatauli, District Muzaffar Nagar.
Learned counsel for the applicants submitted that the applicants were falsely implicated by the opposite party no. 2 and after investigation final report was submitted. Aggrieved by it, the opposite party no. 2 has filed protest petition and learned Judge rejected the protest petition and summoned the applicants to face trial and also issued non bailable warrant; the applicants challenged the order before this Court whereby they were summoned after rejection of the protest petition, which was rejected by the Court in Application u/s 482 No. 23731 of 2019, however, the Court while dismissing the application had directed the applicants to move discharge application before the concerned court; the discharge application has now been rejected and the court has issued non bailable warrants vide order dated 2.12.2019.
In view of the submission made by the learned counsel for the applicants the application so far as it relates to seeking quashing of the non bailable warrant and so far as it relates to seeking stay of the proceeding, stands dismissed.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall 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 judgement 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, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 20.12.2019 Dhirendra/