Court No. - 66
Case :- APPLICATION U/S 482 No. - 42887 of 2019 Applicant :- Mohd. Suleman @ Sibu Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mani Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the Non-bailable Warrant dated 18.12.2018 passed by Special Judge, POCSO Act, Allahabad in S.T. No.137 of 2016 (State vs. Sibu Khan an another), arising out of Case Crime No. 578 of 2016, under Sections 363, 366, 120-B, 376-D I.P.C. and 3/4 POCSO Act, Police Station- Handia, District- Allahabad, pending in the court of Special Judge, POCSO Act, Allahabad.
It has been argued by learned counsel for the applicants that the applicants were in jail in connection with Case Crime No.1049 of 2017 whose F.I.R. was lodged by opposite party no.2 and were facing trial in a different court. However, it appears that the counsel appearing on behalf of the applicants did not inform the court in the present session trial that the applicants are already in jail in connection with aforesaid case. The applicants were acquitted in the earlier case and were released from jail on 9.10.2019, thereafter, they moved the application for recalling of Non-bailable Warrant issued against him.
In view of above, the applicants have sufficiently explained the reasons for their non-presence in the present sessions trial and therefore they are allowed to move an application for recalling of the non-bailable-warrants issued against them within a period of four weeks from today, the said application shall be considered and disposed expeditiously strictly in accordance with law by a reasoned order considering the aforesaid facts, if at all they are correct.
For a period of four weeks, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, the present application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 26.11.2019 Vikas