Court No. - 44
Case :- APPLICATION U/S 482 No. - 14077 of 2018 Applicant :- Ram Naresh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudeep Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Suneel Kumar Mishra, Advocate, holding brief of Mr. Sudeep Dwivedi, learned counsel for the applicant and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 17.1.2018 passed by the Additional Chief Judicial Magistrate, Mirzapur, in Complaint Case No. 1650 of 2015 (Poonam Devi Vs. Ram Naresh and others), under sections 498A, 323 IPC and 3/4 Dowry Prohibition Act, P.S. Chilh, District Mirzapur, whereby non-bailable warrants have been issued against the applicant.
Learned counsel for the applicant fairly submits that the applicant shall appear before the Court below, provided some indulgence is granted by this Court.
Considering the aforesaid submission of the learned counsel for the applicant it is provided that the execution of the non- bailable warrant issued by the Court below shall be kept in abeyance till 10.5.2018. The applicant shall appear before the Court below on or before 10.5.2018. In case, the aforesaid direction is complied with, the bail application of the applicant shall be considered by the Court below in the light of the observation of this Court in the case of Brahm Singh and others Vs. State of U.P. and others reported in 2016 (7) ADJ 151.
In case of default, the protection granted by this Court shall stand automatically revoked.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 27.4.2018 HSM