Court No. - 48
Case :- APPLICATION U/S 482 No. - 6419 of 2018 Applicant :- Sonu And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed for quashing of impugned order dated 24.11.2017 passed by the Judicial Magistrate, Atrauli, Aligarh in Case No.477 of 2014 (Sadhna vs. Sonu and others), u/s 498A, 323, 504, 506, 452 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S.-Atrauli, District-Aligarh whereby representation of applicant filed u/s 317 Cr.P.C. was rejected and non bailable warrants have been issued against the applicants.
Heard applicants' counsel as well as learned AGA and perused the record.
The Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned order is refused.
However, a request has been made that the accused-applicants want to surrender in the court below and to move an application for cancellation of warrants or apply for bail and for that some protective direction may be issued.
In view of the facts and circumstances of the case it is directed that in case the accused-applicants surrender and move an application for cancellation of warrants or apply for bail within two months from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is made clear that if this order is not availed by the accused within stipulated period of time, no time extension application shall be entertained.
It is further clarified that the present order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 26.2.2018 M. Kumar