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Jay Ram vs State Of Up And Another on 27 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 32726 of 2019

Applicant :- Jay Ram

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Satyendra Kumar Singh,Saral Singh

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant 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 applicant with a prayer to quash the Non-bailable warrant dated 04.07.2019 arising out of Case Crime No. 131 of 2016 and proceedings of Session Trial No. 328 of 2016 (State Vs. Bablu), under Sections 498A, Section304-B IPC and 3/4 D.P. Act, Police Station Kurra, District -Mainpuri pending in the court of Additional Sessions Judge/F.T.C.,Ist, Mainpuri.

The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned the Non-bailable warrant dated 04.07.2019 against the applicant and requested to grant some protection, so that applicant may surrender before the court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer 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/bail application of the applicant expeditiously in accordance with law.

The relief as sought by the applicant in the instant application is refused.

However, considering the last request made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 30 days from today and applies for recall of N.B.W./bail application, the same shall be heard and disposed of expeditiously by the courts below in accordance with 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 30 days from today, no coercive action shall be taken against the applicant.

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

Order Date :- 27.8.2019/AK Pandey

 

 

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