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Sandeep Patel And 5 Others vs State Of U.P. And Another on 24 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 29

Case :- APPLICATION U/S 482 No. – 7400 of 2020

Applicant :- Sandeep Patel And 5 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Jitendra Shanker Pandey,Seema Singh

Counsel for Opposite Party :- G.A.

Hon’ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed by applicants namely Sandeep Patel, Dileep Patel, Smt. Parwati, Smt. Indu, Kumari Rinku and Sumit with the request to quash the impugned non-bailable-warrant dated 29.1.2020 issued by the learned Additional Chief Judicial Magistrate, Court No.1, Ghaziabad in Complaint Case No.1707 of 2019, under Section 406 IPC, Police Station Loni, District Ghaziabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Ghaziabad.

The submission of learned counsel for the applicants is that the case is of matrimonial nature and earlier by order of this Court another case between the parties for the offence under Sections 498A, 323, 504 and 506 IPC and Section 3/4 of D.P. Act, an order of mediation was passed on 30.7.2019 and by order dated 27.1.2020 two weeks further time was granted to the applicants to deposit the amount. Further submission is that meanwhile another case under Section 406 was instituted by the complainant-opposite party no.2 in which summoning order was passed and subsequently non-bailable-warrant was passed by the learned Magistrate.

It appears from the perusal of the order sheet attached with this application that on 29.1.2020 non-bailable-warrant has been issued and it also appears that earlier also non-bailable-warrant was continuing from 22.11.2019. The applicants have not put in appearance and, therefore, the learned Magistrate issued non-bailable-warrant.

In view of the above, the application lacks merits and is liable to be dismissed.

The present application is dismissed with the observations that in case the applicants appear before the learned court below within 30 days from today and give bail application, their bail application shall be considered and disposed of in accordance with law, expeditiously preferably on the same day and for that purpose non-bailable-warrant shall be considered to be bailable warrant.

For a period of 30 days, no coercive measure shall be taken against the applicants in the aforesaid case but this protection shall not be extended in any case.

Order Date :- 24.2.2020

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