Court No. - 70
Case :- APPLICATION U/S 482 No. - 16150 of 2019 Applicant :- Smt Bano Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamini Pandey (Dubey),Anand Kumar Pandey 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 summoning dated 14.09.2012, passed by Chief Judicial Magistrate, Mathura as well as entire proceeding of Case No. 3935/IX of 2012, arising out of Case Crime No. 159 of 2012, under Sections 147, 341, 353 IPC and 4/21 and 7 Criminal Law Amendment Act, Police Station Govind Nagar, District -Mathura, pending in the court of Judicial Magistrate, Mathura.
It is submitted by learned counsel for the applicant that in this case FIR was lodged on 09.02.2012 and charge-sheet was submitted on 22.02.2012, on which the court concerned has taken cognizance on 25.07.2012 and summoning order dated 14.09.2012 has been passed against the applicant, but the same was never served upon the applicant and as such she has not appeared before the court concerned on the date fixed. Later on, 23.09.2017 non-bailable warrant has been issued against the applicant. At the first time on 28.03.2019 applicant came to know about non-bailable warrant dated 23.09.2017, when the police constable come to her house.
The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned criminal proceedings against the applicant and requested to grant some protection, so that applicant may surrender before the court below. The learned counsel for the applicant further stated at the Bar that she 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 bail application of the applicant expeditiously in accordance with law.
Considering the prayer made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 45 days from today and applies for bail, the bail application of the applicant 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 45 days from today, no coercive action shall be taken against the applicant.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 25.4.2019 v.k.updh.