Court No. - 53
Case :- APPLICATION U/S 482 No. - 19179 of 2018 Applicant :- Mahesh Kumar Yadav And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Singh,Shatrunjay Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicants and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the non-bailable warrants dated 05.03.2018 in Case No.855 of 2015 arising out of Case Crime No.125 of 2015, under Sections 498A, 323, 504, 506 IPC and 3/4 DP Act, PS Manda, District Allahabad pending before the learned Additional Chief Judicial Magistrate, Court No.4, Allahabad.
The applicants had earlier approached this Court by way of Application (under Section 482 CrPC) No.10511 of 2016 seeking to challenge the charge sheet giving rise to the present proceedings. In the said case the parties were referred to the Mediation Centre but they did not avail of that opportunity as a result of which nothing came out of the Mediation proceedings.
The earlier application seeking to quash proceedings brought by the applicants being Application (under Section 482 CrPC) No.10511 of 2016 was heard and rejected on merits vide order dated 16.09.2016.
The present application seeks to challenge a mere process and not any substantive order or proceedings or the process a substantive ground.
Looking to the said fact the non-bailable warrants issued vide order dated 05.03.2018 being a mere process cannot be quashed. The prayer for quashing the non-bailable warrants is, therefore, declined.
However, looking to the facts and circumstances of the case it is directed that in case the applicants appear and surrender before court below within 45 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 Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till the disposal of the application for grant of 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, the application is finally disposed of.
Order Date :- 29.5.2018 Shahroz