Court No. - 66
Case :- APPLICATION U/S 482 No. - 41875 of 2019 Applicant :- Sabrunnisha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Navneet Kumar,Mohd. Monis Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicants, 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 entire proceedings of Criminal Case no. 4942 of 2012 (State vs.Keshav and others) arising out of Case Crime no. 554 of 2012, u/s 417, 419, 420, 467, 406, 504, 506 IPC, P.S.
Padrauna, District Kushinagar as well as charge-sheet no. 153 of 2012 dated 4.5.2012 and cognizance order dated 16.10.2012.
In the present case, challenge is to the charge sheet dated 4.5.2012 and NBW has been issued still the applicants have somehow evaded to arrest and there is no reasonable explanation given by the applicants for filing the present application at such a belated stage.
Accordingly, the present application suffers from latches and is hereby dismissed.
However, if the applicants move an appropriate application for grant of bail before the concerned Court below, the same may be considered and disposed off compassionately keeping in view provision u/s 437(1) (proviso) as the applicants are ladies, by the Court below in view of law laid down by this Court in cases 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.
Order Date :- 26.11.2019 Dhirendra/