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Adil @ Dilshad And 4 Others vs State Of U.P. And Another on 11 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 26787 of 2019

Applicant :- Adil @ Dilshad And 4 Others

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- A.C.Srivastava,Ravitendra Pratap Singh Chandel

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants and learned Additional Government Advocate for the State/opposite party no. 1 and perused the record with the assistance of learned counsel for the parties.

This application under Section 482 Cr.P.C has been filed by the applicants with a prayer to quash the impugned non-bailable warrant dated 30.05.2019 as well as criminal proceedings of Case no.553/9 of 2018 (SectionState of U.P. vs. Adil and others), arising out of Case Crime No. 757 of 2017, under Sections 498A, Section323, Section307, Section504, Section354(B), Section376, Section511, Section506 I.P.C. 3/4 SectionDowry Prohibition Act, Police Station Sardhana, District- Meerut, pending in the Court of Additional Chief Judicial Magistrate-Vth, Meerut.

The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned non-bailable warrant dated 30.05.2019 and impugned criminal proceedings against the applicants and requested to grant some protection, so that applicants may surrender before the court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other made in this application and prayed that a direction be issued to the courts below to consider and decide the recall of N.B.W dated 30.05.2019/bail application of the applicants expeditiously in accordance with law.

Considering the prayer made by the learned counsel for the applicants, it is directed that in case applicant appears before the concerned court below within 45 days from today and applies for recall of N.B.W dated 30.05.2019/bail application of applicant shall be heard and disposed of expeditiously by the courts below in accordance with the settled law laid down by the Seven Judges’ decision of this Court in the case of Amrawati and another Vs. State of U.P reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon’ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.

For the period of 45 days from today, no coercive action shall be taken against the applicants.

With the above observations, this application under Section 482 Cr.P.C is disposed of.

Order Date :- 11.7.2019/SKD

 

 

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