Court No. - 64
Case :- APPLICATION U/S 482 No. - 17002 of 2019 Applicant :- Mohammad Abid Ali And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Indra Jeet Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned AGA for the State.
This application has been filed by the applicants with a prayer to quash the Non- Bailable- Warrant issued against the applicants as well as order dated 16.10.2018, passed by Additional Chief Metropolitan Magistrate IInd Kanpur Nagar in complaint no.3823 of 2016, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, 1961, P.S.
Kalyanpur, District Kanpur Nagar.
Learned counsel for the applicants submits that applicants have neither deliberately avoided to attend the court below nor they have any intention to delay the trial. However, they made promise, as has been extended on behalf of the applicants, that as a matter of last chance, they may be permitted to appear/surrender before the court below as they are ready to give an undertaking that they will always appear before the trial court on the date fixed.
Learned AGA has supported the proceedings of the lower court and submitted that there is no good ground for quashment of the proceedings. He adds that court below has rightly issued the non- bailable warrant against the applicants, but he conceded that if, applicants make promise to surrender before the court below within the stipulated period, then Court may give some time for their surrendering before the court below.
In view of above facts and circumstances of the case, as a matter of last opportunity, applicants are directed to appear before the court concerned within a period of two weeks' from today and apply for bail, the same shall be heard and disposed of by the courts below by passing speaking and reasoned order on the application of the applicant after affording opportunity to the prosecution.
Till the period of two weeks' from today no coercive action shall be taken against the applicants. It is made clear that in case no such application is moved within the time prescribed, the trial court would be at liberty to proceed further with the case in accordance with law.
With the above directions/observations, this application is finally disposed of.
Order Date :- 29.4.2019 Raj