Court No. - 72
Case :- APPLICATION U/S 482 No. - 30358 of 2019 Applicant :- Smt. Seeta Devi And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the non-bailable warrant dated 9.7.2019 issued by Judicial Magistrate- Varanasi in Complaint Case No. 1308 of 2012 (Puja Sonkar Vs. Vijay Sonkar & Ors), under Sections- 498-A, 323, 504, IPC and Section 3/4 of D.P. Act, Police Station- Lanka, District- Varanasi, pending in the court of Judicial Magistrate- 1st, Varanasi.
Learned counsel for the applicants have made a statement at bar that his client shall appear within three weeks from today along with proper application, thus, the proceedings of the case may be stayed.
Prayer for quashing the non-bailable warrant issued against the applicant is refused.
However, considering the facts and circumstances, it is provided that if the applicants appear before the court concerned within three weeks from today with an application for recall of the non-balaiable warrant, the concerned Magistrate shall decide the said application in accordance with law. For the period of three weeks from today, no coercive action shall be taken against the applicants. In case, the applicants fail to appear before the court concerned within three weeks from today, coercive action shall be taken against them for ensuring their presence in accordance with law.
With the above directions, this application is disposed of finally.
Order Date :- 26.8.2019 Akbar