Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under section 482 Cr.P.C. has been filed for quashing the non bailable warrant issued on 01.12.2018 in Complaint Case No. 1842 of 2015 (Smt. Shahin Vs. Mohd. Shamim Kuraishi), under section 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Nawabganj, District Allahabad pending in the court of A.C.J.M., Room No. 4, Allahabad.
The contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the present case. The O.P. No. 2 is the wife of applicant no. 1. There is matrimonial dispute in between the parties. The applicants have every intention to appear and surrender before the court concerned and cooperate with the trial.
Considering the facts and circumstances of the case, I do not find any ground to quash the order of non bailable warrant dated 01.12.2018 in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously, if possible on the same day in accordance with law.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 31.1.2019 Masarrat