Court No. - 77
Case :- APPLICATION U/S 482 No. - 43209 of 2019 Applicant :- Nageen And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gautam Dubey,Akash Tyagi,Gauri Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
The applicants Nageen, Shaminuddin and Smt. Ruksana, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with prayer to quash the order dated 22.10.2019 passed by learned A.C.J.M./ JSCC, Meerut, in Complaint Case No. 809 of 2019, Yasin Vs. Nageen and others, u/s 498A, 323, 504, 506 I.P.C. whereby NBW has been issued against the applicants.
Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.
A perusal of the record shows that summoning order was passed by the Magistrate on 6.5.2013, on 16.7.2013 bailable warrant was issued against applicants and the applicants have successfully avoided to appear before the court concerned during the long span of time despite several orders passed by the court below. Therefore, N.B.W. was issued on 22.10.2019.
As the applicants became absent from the court proceedings, the court below has rightly issued NBW against them. There is no good ground to interfere in the order impugned issuing NBW against the applicants.
The prayer for quashing the impugned order is refused and the application is dismissed.
However, the applicants are granted a time of thirty days from today to surrender before the court concerned.
In case 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 in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For the aforesaid period of 30 days, which shall not be extended any further, no coercive action shall be taken against the applicants. In case they fail to surrender within the aforesaid period, the court below shall take coercive measures against them.
Order Date :- 28.11.2019 Pcl