Court No. - 68
Case :- APPLICATION U/S 482 No. - 6729 of 2019 Applicant :- Firoz Khan And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482, Cr.P.C. has been filed for quashing non- bailable warrant dated 31.5.2018 as well as issued on subsequent dates by learned court of Additional Chief Judicial Magistrate Ist, Firozabad in complaint case no. 2371 of 2014 Smt. Arshi Khan Vs. Firoz Khan and others under sections 498A, 504, 506 IPC and 3/4 D.P. Act P.S. Linepar, District Firozabad.
Learned counsel for the applicants submits that prior to this application the applicants have filed an application U/S 482 Cr.P.C. before this Court and the matter was sent to the mediation and conciliation Centre and the proceeding of that complaint case was stayed. The matter could not solve in the mediation and conciliation Centre and the application of the applicants was dismissed. The applicants have every intention to appear before the court concerned and participate in the proceedings of the trial.
Considering the facts and circumstances of the case, I do not find any ground to quash the non bailable warrant dated 31.5.2018 as well as issued on subsequent dates. Accordingly, the prayer for quashing the same is hereby refused.
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 UP. For a period of 30 days from today or till the applicants surrender and apply for bail whichever is earlier, 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 directions, this application is finally disposed of.
Order Date :- 25.2.2019/A.