HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 70
Case :- APPLICATION U/S 482 No. – 32211 of 2019
Applicant :- Josinawar Varghese And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Sanjay Kumar Dwivedi,Ashish Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon’ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, 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 to quash the order issuing non-bailable warrant dated 10.7.2019, summoning order dated 20.9.2017 passed by A.C.J.M. Court No. 7, Varanasi in Complaint Case No. 543 of 2017 (Saurabh Singh vs. M. Annie D’Souza and others) under Section 406 IPC, police station Sarnath, district Varanasi pending in the court of ACJM, court No. 7, Varanasi as well as entire proceedings of aforesaid case.
After advancing certain arguments at length by learned counsel for the applicants, when the Court put certain query to him, he gave up his challenge to the aforesaid impugned order issuing non-bailable warrant dated 10.7.2019 and summoning order dated 20.9.2017 against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. Learned counsel for the applicants further stated at the Bar that he is not pressing the relief as sought in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the application of the applicants for recall of N.B.W./bail application of the applicants expeditiously in accordance with law.
In view of above, the relief as sought by the applicants in the instant application is refused.
Considering the aforesaid prayer made by learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 30 days from today and apply for bail, the bail application of the applicants shall be heard and disposed of expeditiously by the courts below in accordance with law keeping in view of 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 of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 Supreme Court Cases, 437.
For the period of 30 days from today or till the date of appearance of the applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants in the above case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :-16.9.2019