HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 70
Case :- APPLICATION U/S 482 No. – 32777 of 2019
Applicant :- Mahtab Ahmad
Opposite Party :- State Of Up And 2 Others
Counsel for Applicant :- Amit Kumar Singh
Counsel for Opposite Party :- G.A.
Hon’ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, 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 to quash the order issuing non-bailable warrants dated 24.07.2019 and 06.08.2019 passed in S.T. No. 524 of 2013 arising out of case crime no. 196 of 2012, under Sections 498A, Section323, Section313, Section504 IPC and 3/4 D.P. Act, Police Station Karnalganj, District Kanpur Nagar pending in the Court of Additional Session Judge/F.T.C., Kanpur Nagar.
It is submitted by learned counsel for the applicant that after submission of charge-sheet in this case father of the applicant Maqbool Ahmad filed an Application under Section 482 Cr.P.C. No. 37633 of 2013, in which interim protection was granted by the co-ordinate Bench of this Court vide order dated 23.10.2013 directing that till the next date of listing no coercive action shall be taken against the applicant (Maqbool Ahmad). By the said order, the present applicant Mahtab Ahmad has been directed to be impleaded as applicant no.2. During pendency of the said application N.B.W. dated 28.06.2014 was issued by the trial court.
Aggrieved by the said order dated 28.06.2014, Maqbool Ahmad preferred another Application under Section 482 Cr.P.C. No. 23598 of 2014, in which further proceedings of the trial court was stayed till the next date of listing on the ground that interim stay order dated 23.10.2013 is operating though N.B.W. was issued. By order dated 11.10.2017 of the co-ordinate Bench of this Court, the first Application under Sectionsection 482 Cr.P.C. No. 37633 of 2013, in which Maqbool Ahmad was applicant, has been dismissed with a direction to the court below to conclude the trial as early as possible.
Record indicates that the order dated 8.7.2014 passed in second Application under Sectionsection 482 Cr.P.C. no. 23598 of 2014 has been lastly extended on 1.9.2014 and has not been extended further, therefore, in view of the judgment of Apex Court in case of Asian Resurfacing of Road Agency Pvt. Ltd. and other Vs. Central Bureau of Investigation AIR 2018 SC 2039, as on date there is no interim stay order in the said application. Under the circumstances, on 24.07.2019 and 6.8.2019 N.B.W. has been issued against the applicant on the ground that direction has been issued by this Court to conclude the trial expeditiously, but accused persons are not appearing in the trial. The said N.B.W. order dated 24.07.2019 and 6.8.2019 are under challenge in the present application.
Learned counsel for the applicant after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned order issuing non-bailable warrants dated 24.07.2019 and 06.08.2019 against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant 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 applicant for recall of N.B.W./bail application of the applicant expeditiously in accordance with law.
In view of above, the relief as sought by the applicant in the instant application is refused.
Considering the aforesaid prayer made by 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 bail, the bail application of the applicant 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 applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant in the above case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 13.9.2019