Court No. - 64
Case :- APPLICATION U/S 482 No. - 15902 of 2019 Applicant :- Omprakash And 7 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bharat Bhushan Paul,Saurabh Paul Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C., has been filed for quashing the proceedings of Case No. 182/2018, Smt. Anjani vs. Omprakash & Others as well as the order dated 1.4.2019 issuing non bailable warrant against the applicants passed by Additional Chief Judicial Magistrate, Firozabad.
Upon consideration of the material brought before this Court by way of various documents and upon considering the submission that there is matrimonial dispute and a concocted story has been set up by the opposite party no.2. At this juncture, appreciation of fact in its nude form is not desirable. However, it is expected that the applicants may participate in the proceeding and may urge their claim at appropriate stage.
Also heard the learned A.G.A.
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 three weeks' from today and move application for bail, the same shall be considered and disposed of by the court below, expeditiously, if convenient, the same day.
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 :- 25.4.2019 S Rawat