Court No. - 52
Case :- APPLICATION U/S 482 No. - 6705 of 2018 Applicant :- Mohsin Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicants, learned AGA for the State of U.P. and perused the material brought on record.
By way of the instant application, the applicants have sought for quashment of the non- bailable warrant/process under Section 82 Cr.P.C. dated 12.12.2017 passed by the Chief Judicial Magistrate, Meerut, in Case Crime No.336 of 2017, under under Section 498A, 323, 304B, 504 IPC and 3/4 Dowry Prohibition Act, Police Station Flawada, District Meerut.
Learned counsel for the applicants submits that the applicants wish to participate in the proceeding and will not absent from ongoing proceeding provided one opportunity is given to them by this Court with direction to appear before the court below within 30 days and move an application for recall of the order issuing non-bailable warrant against them.
Learned AGA has opposed the prayer for quashment of the impugned order.
Considered the above submissions and perused the impugned order. No good ground is made out for quashment of the impugned order. Accordingly, the prayer for quashment of the order impugned in the instant application is refused.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned within 30 days from today and move application for bail/application for recalling the non-bailable warrant, the same shall be considered and disposed of in terms of the guidelines / observations given in the judgement and order dated 3.7.2014 passed by this Court in Application u/s 482 Cr.P.C. No. 21679 of 2014-Munawwar and 9 others Vs. State of U.P. and another.
For a period of thirty days from today, no coercive action shall be taken against the applicants.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 28.2.2018 Dhirendra/