Court No. - 70
Case :- APPLICATION U/S 482 No. - 32509 of 2019 Applicant :- Mohd. Irshad And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitendra Pal Singh,Pradeep Kumar Singh 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 17.05.2019 and proceedings of Case no. 5312 of 2006 (State Vs. Irshad and others), under Sections 498A, 323, 504, 506 IPC & 3/4 Dowry Prohibition Act, Police Station Sungarhi, District - Pilibhit, pending in the court of Chief Judicial Magistrate, Pilibhit.
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 17.05.2019 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/bail application of the applicants expeditiously in accordance with law.
The relief as sought by the applicants in the instant application is refused.
However, considering the last request made by the learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within three weeks from today and applies for recall of N.B.W./bail application, the same 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 three 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 :- 26.8.2019 SKD