Court No. - 86
Case :- APPLICATION U/S 482 No. - 46716 of 2019 Applicant :- Neelam Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Mohan Pandey,Surendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Learned counsel Sri Avdhesh Narayan Tiwari files vakalatnama on behalf of opposite party no.2. The same is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State as well as learned counsel for the opposite party no.2. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the impugned non-bailable warrant order dated 27.11.2019 passed by Chief Judicial Magistrate, Hamirpur in Case No.1058 of 2019 (wrongly printed over folio as Case No.1096 of 2019) (State vs. Neelam Singh and others) arising out of Case Crime No.10 of 2019, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Rath, District Hamirpur.
The contention of learned counsel for the applicants is that charge sheet was submitted against the applicants under Sections 419, 420, 467, 468, 471 I.P.C. which was challenged by the applicants through the application under Section 482 No.24434 of 2019 (Bharat Singh and 2 others vs. State of U.P. and another) which was disposed of by this Court on 28.06.2019 with the direction that till the discharge application is decided no coercive measure shall be taken against the applicants. Thereafter, applicants moved discharge application which has been rejected by the court concerned vide order dated 26.09.2019 against which revision has been preferred by the applicants before the court of sessions. Applicants also moved exemption application on 27.11.2019 which has not been disclosed in the order and N.B.W. has been issued against them. Prior to 27.11.2019, on 23.10.2019 applications were summoned through bailable warrant. Thereafter, on 16.11.2019 the Presiding Officer of the court below was on leave.
Learned A.G.A. as well as learned counsel for the opposite party no.2 opposed and submitted that no such documents have been furnished by the applicants that they have complied with the order of this Court dated 28.06.2019 with regard to furnishing bonds before the court below and discharge application has also been dismissed by the trial court.
Considering the submissions of the parties, facts and circumstances of the case as well as pendency of the revision against the order passed on the discharge application of the applicants, it appears appropriate that if the applicants appear within 15 days before the court concerned and apply for bail then court below shall dispose of their bail application as per law.
Till then 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 direction, this application is finally disposed of.
Order Date :- 18.12.2019 Jitendra