Court No. - 69
Case :- APPLICATION U/S 482 No. - 9584 of 2021 Applicant :- Smt. Ranu Nigam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State through video conferencing.
The present 482 Cr.P.C. application has been filed to quash the non bailable warrant dated 17.02.2021 passed by Special Judge (S.C./S.T. Act), Agra in Special Sessions Trial No. 304 of 2017 arising out of Case Crime No. 52 of 2017, under Sections- 354- A, 354-D, 506 I.P.C. and section 3(2)(v), 3(1)(i), 3(1)(m) of S.C./S.T. Act, Police Station- Chhatta, District- Agra, pending in the court of Special Judge (S.C./S.T. Act), Agra.
Learned counsel for the applicant contends that earlier the applicant had been granted bail by the competent court and thereafter she could not appear before the trial court. Hence non-bailable warrant has been issued against her. He further submits that the reasons on account of which the applicant failed to appear before the trial court were beyond her control and that the applicant has every intention to appear before the court concerned and participate in the trial.
Learned A.G.A. submitted that earlier also N.B.W. was issued against the applicant which was recalled by the Court, but again applicant has not appeared before the Court.
Considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the following direction:
(i) the applicant shall move an application to cancel the non- bailable warrant issued against her before the court below within three weeks from today along with the certified copy of this order;
(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non bailable warrant issued against the applicant or to direct the applicant to file fresh bail bonds within a further period of one week, thereafter;
(iii) for a period of six weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance.
In the event of failure, on part of the applicant to act within time as directed above, the Court below may adopt all coercive measures to ensure his appearance.
Order Date :- 25.5.2021 Sartaj Digitally signed by Justice Neeraj Tiwari Date: 2021.05.25 16:13:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad