Court No. - 53
Case :- APPLICATION U/S 482 No. - 19617 of 2018 Applicant :- Smt. Vineeta And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prashant Ji Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicants and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the non-bailable warrants dated 15.05.2018 issued by the learned Chief Judicial Magistrate, Hathras in Criminal Case No.4743 of 2016 (State Vs. Pappu & Ors.) arising out of NCR NO.58 of 2016, under Sections 323, 504 IPC, PS Sadabad, District Hathras. There is a further prayer that this Court may direct SSP/SP, Hathras to provide protection to the applicants who are witnesses to enable the applicants to appear on the date fixed. It appears that applicants are prosecution witnesses and were not able to appear on the date fixed to depose in favour of the prosecution case on account of fact that she was receiving death threats from the accused. It is in consequence of the aforesaid threat perception that they did not appear in Court. Instead of extending protection to the applicants, the Trial Court has issued non-bailable warrants of arrest that are under challenge.
Instructions were sought by the State in the shortest time today in the earlier hours of the day and this Court is gratified to find that the SP, Hathras has passed an order of date, a faxed copy of which has been placed before the Court which shows that a security guard has been deputed to take care of the security of the applicants and their family at their residence, and, also to accompany her to Court as and when they go to depose in the case.
Looking to the aforesaid facts the applicants undertake to appear to depose as prosecution witness on the date fixed which is said to be 18.06.2018.
Under the circumstances the non-bailable warrants issued against the applicants who are witnesses would be rendered meaningless and are hereby quashed. It is further directed that the Magistrate, looking to the threat perception to the witnesses will expedite trial and endeavour to conclude the same within a period of six months.
A copy of the order passed by the SP, Hathras dated 30.05.2018 is being retained on record and will form part of it.
This application stands allowed in the above terms.
Order Date :- 30.5.2018 Shahroz