Court No. - 71
Case :- APPLICATION U/S 482 No. - 47493 of 2019 Applicant :- Manish And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Prasad Pandey,Rakesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 31.08.2017 as well as non bailable warrant dated 02.08.2018 in Complaint Case No.1857 of 2016 (Smt. Ranjana @ Vandana Vs. Manish & Others), under Sections- 498A, 323, 504 I.P.C. & Section 3/4 D.P. Act, Police Station- Kayamganj, District- Farrukhabad, pending in the court of Judicial Magistrate Kayamganj, District-Farrukhabad.
3. Learned counsel for the applicants submits that the allegations made against the applicants are of demand of dowry and assault as also criminal intimidation. These allegations have apparently been supported by means of the statements recorded under Sections 200 & 202 Cr.P.C. While, the applicants were first summoned in the year 2017, non bailable warrants were issued on 02.07.2018. More than a year has passed since then and the applicants have yet not appear before the learned court below. Prima facie, no ground is made out for interference.
4. However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 30 days from today and applies 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 U.P.
5. With the aforesaid directions, this application is finally
disposed of.
Order Date :- 20.12.2019 S.Chaurasia