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Moinuddin @ Sonu And 2 Ors vs State Of U.P. And 2 Ors on 7 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 39801 of 2019

Applicant :- Moinuddin @ Sonu And 2 Ors

Opposite Party :- State Of U.P. And 2 Ors

Counsel for Applicant :- Shamsuddin Ahmad

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 7.10.2019 arising out of case crime no. 137 of 2011 and proceedings of case no. 2098 of 2012 (State Vs. Moinuddin and others), under Sections 498A, Section323, Section506 IPC and Section 3/4 D.P. Act, Police Station Phoolpur, District -Allahabad pending in the court of Additional Chief Judicial Magistrate, Court No.7, Allahabad.

It is submitted by learned counsel for the applicants that applicant no.1 is husband, applicant no.2 is mother-in-law and applicant no.3 is brother-in-law of victim Smt. Rubeena Begum (who died in the year 2012). It is further submitted that earlier the applicants were granted bail, but on account of their non-appearance before the trial court, N.B.W. dated 7.10.2019 issued against them.

After advancing certain arguments at some length by the 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 7.10.2019 against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The 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 applicant 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 applicant appears before the concerned court below within three weeks 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 three weeks 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 :- 7.11.2019

AK Pandey

 

 

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