Court No. - 64
Case :- APPLICATION U/S 482 No. - 21370 of 2019 Applicant :- Dhiraj Srivastava And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material brought on record.
By way of the instant application, the applicants have sought for quashment of the order dated 20.04.2019 passed by the Additional Chief Metropolitan Magistrate-I, Kanpur Nagar, in Criminal Complaint Case No.100 of 2012, Smt. Neelam Vs. Dheeraj and others, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kohana, District Kanpur Nagar.
Learned counsel for the applicants has submitted that the father of applicant nos.1 and 2, who was also accused in this case died during course of the trial, the proceeding about the case had not been in the knowledge of the applicants due to which they could not appear before the court concerned. In the meanwhile, non-bailable warrant has been issued against them. The applicants promise that they will appear and participate in the proceeding before the court below if the one last opportunity is given to them.
Learned A.G.A. has no objection provided the applicants appear before the court below.
Considered the submissions and perused the impugned order. I do not find any illegality in the order impugned in the instant application.
However, taking into consideration facts and circumstances of the case, it is provided in the fitness of things that in case the applicants move an application for recall/bail before the court concerned within 15 days from today, the same shall be considered and disposed by the courts below, expeditiously, if convenient, on the same day after affording an opportunity of hearing to both the sides.
For a period of 15 days from today, no coercive action shall be taken against the applicants and effect and operation of the non-
bailable warrant in question shall be kept in abeyance.
If the applicants do not appear before the court concerned within the stipulated period, the court below shall proceed further with the case in accordance with law.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 28.5.2019 rkg