Court No. - 77
Case :- APPLICATION U/S 482 No. - 42705 of 2019 Applicant :- Pachcho Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Roy Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
The applicant Pachcho Devi, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the order dated 21.2.2019 passed by learned Special CJM, Varanasi, in Case No. 218 of 2015, Dhanwati Devi Vs. Kashinath and others, u/s 467, 468 I.P.C., P.S. Rohaniya, District Varanasi, whereby NBW has been issued against the applicant.
Heard learned counsel for the applicant and learned A.G.A. representing the State. Perused the records.
A perusal of the record shows that the summoning order in this case was passed on 6.5.2017 whereby applicant was summoned to face trial for offences punishable u/s 467, 468 I.P.C., bailable warrant was issued on 27.11.2017 and non-bailable warrant was issued on 21.2.2019. The applicant has successfully avoided to appear before the court concerned during the long span of time despite several orders passed by the court below.
As the applicant became absent from the court proceedings, the court below has rightly issued NBW against him. There is no good ground to interfere in the order impugned issuing NBW against the applicant.
The prayer for quashing the impugned order is refused and the application is dismissed.
However, the applicant is granted a time of thirty days from today to surrender before the court concerned.
In case the applicant appears and surrenders before the court below within 30 days from today and applies for bail, her 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 applicant. In case she fails to surrender within the aforesaid period, the court below shall take coercive measures against her.
Order Date :- 28.11.2019 Pcl