Heard learned counsel for the petitioners and learned A.G.A. for the State.
By means of this petition under Section 482 Cr.P.C. petitioners pray for quashing the order dated 30.06.2019 passed by Chief Judicial Magistrate, Pratapgarh arising out of theproceeding of Complaint Case No.1307/2015, titled as (Smt. Upma Vs. Vivek Shiva Kant Tripathi) under Section 498A, 323 and 504 I.P.C. and Section - 4 of D.P. Act, 1961 at Police Station - Kotwali Nagar, District - Pratapgarh by which non-bailable warrant (NBW) has bee issued against the applicants.
From perusal of the material available on record, it could not be said that no case is made out against the petitioners. Therefore, at this stage no interference is called for by this Court. The petition lacks merit.
However, if petitioners, namely, Shiva Kant Pripathi, Mrs. Girija Devi and Km. Swati Tripathi, surrender before the court below within four weeks from today and move bail application, the same shall be considered and disposed of expeditiously in accordance with law and also keeping in view the directions contained in the judgement delivered by the Apex Court reported in 2009 (3) ADJ 322 (SC) (Lal Kamlendra Pratap Singh Vs. State of U.P.).
For four weeks or till the date of surrender, whichever is earlier, no coercive steps shall be taken against the petitioners.
With the aforesaid observation / direction , this petition is finally disposed of.
Order Date :- 29.8.2019 S. Kumar