Court No. - 66
Case :- APPLICATION U/S 482 No. - 45963 of 2019 Applicant :- Radhey Shyam And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Prem Babu Verma,Anita Singh,Nirmla Kumari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Ms Anita Singh, learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing order issuing Non-bailable Warrant dated 16.03.2019 against the applicants passed by Additional Sessions Judge-II, Agra in S.S.T. No.56 of 2003 (Hajari Singh Versus Radhey Shyam and others) arising out of Case Crime No.240 of 2002 under Sections 395 and 323 I.P.C., Police Station Kagaraul, District Agra.
The contention of learned counsel for the applicant is that the complainant has instituted malicious complaint against the applicants which has been challenged before this Court in Criminal Misc. Application No.5565 of 2003.The Court vide order dated 15.07.2003 stayed further proceeding of S.S.T. No.56 of 2003. It is stated that on 2.11.2017 the abovenoted application was listed, however, the same was dismissed for non-prosecution, of which the applicant had no knowledge. Now vide order dated 16.03.2019 passed by Additional Sessions Judge-II, Agra has issued non-bailable warrants against the applicants. The applicants are ready to appear before the court below and apply for bail, thus some protection may be granted to them.
The prayer for quashing order impugned is refused.
However, it is provided that if the applicants file an application for recalling of the non-bailable-warrant issued against them within three weeks from today, the said application may be considered and disposed as expeditiously as possible, in accordance with law or in case, they appear and surrender before the court below within three weeks from today and apply for bail, their prayer for bail may be considered and decided on same day 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 a period of three weeks from today or till the disposal of the application for grant of bail, whichever is earlier, 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 observations this application is finally disposed of.
Order Date :- 18.12.2019 MN/-