Court No. - 70 Case :- APPLICATION U/S 482 No. - 15851 of 2019 Applicant :- Manoj And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Devendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
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 13.02.2019 arising out of Case Crime No.480 of 2015 and proceedings of Case No.2799 of 2016 (State vs. Manoj and others), under sections 147, 148, 341, 504, 336 & 427 IPC & Section 7 Criminal Law Amendment Act, Police Station Dibiyapur, District- Auraiya, pending in the court of Chief Judicial Magistrate, Auraiya.
It is submitted by the learned counsel for the applicants that earlier he has filed Application u/s 482 No.44412 of 2018 (Manoj & four others vs. State of U.P. and another) before this Court challenging the chargesheet dated 27.05.2016, which was disposed of vide order dated 10.12.2018 by the coordinate Bench of this Court directing the applicants to surrender before the court concerned within three weeks but the applicants could not surrender within the said period on account of some correction in the order dated 10.12.2018. Thereafter he moved a correction application No.1 of 2019, which was allowed by order dated 07.02.2019 but in the meantime, time granted by this Court in the order dated 10.12.2018 has lapsed. It is submitted by the learned counsel for the applicants that on account of the aforesaid reason of non-appearance of the applicants before the court concerned, non-bailable warrant dated 13.02.2019 has been issued against the applicants.
The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned non-bailable warrant dated 13.02.2019 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 N.B.W. dated 13.02.2019/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 two weeks from today and applies for recall of N.B.W. dated 07.12.2018/bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down 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 two weeks from today, no coercive action shall be taken against the applicants.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 25.4.2019 SKD