Court No. - 73
Case :- APPLICATION U/S 482 No. - 6480 of 2019 Applicant :- Meenu Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash N.B.W. order dated 22.10.2018 to 22.12.2018 as well as proceedings under section 82 Cr.P.C. dated 22.12.2018 passed in Case No. 652 of 2016 (arising out of case crime no. 21 of 2016), under sections 147, 148, 452, 354-B, 323, 504, 506 I.P.C. and 7/8 POCSO Act, P.S. Bhawanpur, District- Meerut, pending before Additional Chief Judicial Magistrate- Meerut.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case and earlier he has approached this Court by filing Application U/S 482 No. 33009 of 2016 in which this court vide order dated 05.11.2016 was pleased to grant interim protection. It is further submitted that as there is chance of compromise between the parties, therefore, he could not appear before the Court and ultimately non- bailable warrant has been issued against him. He further submitted that applicant may be granted some protection to appear before the Court to obtain bail.
Per contra, learned AGA has opposed the prayer made by learned counsel for the applicant and submitted that once applicant has not appeared before the court below in compliance of the order dated 05.11.2016 passed in Application U/S 482 No. 33009 of 2016, he is not entitled for any relief from this court.
However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the applicant, it is directed that in case the applicant appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of expeditiously, strictly in accordance with law after hearing the public prosecutor.
For a period of 30 days from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
With the above directions, this application is disposed of finally.
Order Date :- 22.2.2019 Sartaj