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Ali Husain vs State Of U.P. & Anr. on 1 October, 2019


?Court No. – 13

Case :- U/S 482/378/407 No. – 7243 of 2019

Applicant :- Ali Husain

Opposite Party :- State Of U.P. Anr.

Counsel for Applicant :- Manoj Kumar Singh

Counsel for Opposite Party :- G.A.

Hon’ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the petitioner(s) as well as learned Additional Government Advocate and perused the record.

2. The petition under Section 482 Cr.P.C. seeks quashing of entire proceedings of non bailable warrant dated 03.06.2019 passed by learned Judicial Magistrate, Bahraich in Case No.1090 of 2015, under Section 498A, Section506 IPC and 3/4 SectionDowry Prohibition Act, Police Station Hardi, District Bahraich.

3. After hearing the submissions and perusing the record, I find no ground to interfere with the ongoing proceedings. The petition is, therefore, dismissed.

4. However, it is directed that in case the petitioner(s) appear(s)/surrender(s) before the court below within 15 days from today and apply(ies) for bail, the same shall be considered and decided in view of the settled law laid down by this Court in Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as by the Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).

Till the aforesaid period of 15 days, no coercive step shall be taken against the petitioner in pursuance of the impugned order.

Order Date :- 1.10.2019




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