Court No. - 70
Case :- APPLICATION U/S 482 No. - 7551 of 2019 Applicant :- Ikhteyar Alias Ikhtar Ahmad And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Umair Mahmood Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
At the very outset, learned counsel for the applicants prays for and is allowed to delete the prayer of the applicant to quash the entire proceedings of S. T. No. 155 of 2018 (State Vs. Ikhteyar and Others) pending in the Court of learned Additional District and Session Judge, Court no. 2, Bijnor.
Learned counsel for the applicants is permitted to score out the said prayer during the course of the day itself.
Heard learned counsel for the applicants 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 applicants with a prayer to quash the non-bailable warrant dated 01.02.2019 arising out of Case Crime No. 19 of 2018, under Sections 147, 148, 323, 504 I.P.C. and 3 (1) (da), 3 (1) (dha) SC/ST Act, Police Station Kirtarpur, District-Bijnor pending in the court of Additional District and Sessions Judge, Court No. 2, Bijnor.
The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned Non-bailable warrant and impugned criminal proceedings against the applicants and requested to grant some protection, so that applicants may surrender before the court below. The learned counsel for the applicants 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 non-bailable warrant dated 01.02.2019/ bail application of the applicants expeditiously in accordance with law.
Considering the prayer made by the learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 30 days from today and apply for recall of non-bailable warrant dated 01.02.2019/ bail application, the same shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid 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 30 days from today, no coercive action shall be taken against the applicants. It is made clear that since interim protection has been granted to the applicant twice by this Court, therefore, in case of non-compliance of this order, no further time will be allowed to applicant.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 28.2.2019/AKT