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Shamsun Nisha vs State Of U.P. And Another on 19 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 37757 of 2019

Applicant :- Shamsun Nisha

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Mohd. Shoeb Khan

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 27.06.2016 and 12.04.2019 arising out of case crime no. 278 of 2013 and proceedings of case no. 1633 of 2014 (State Vs. Kalimunnisha and othes), under Sections 498A, Section323, Section504, Section506, Section377, Section376, Section511 IPC, Police Station Ahirauli Bazar, District – Kushinagar pending in the court of Additional Chief Judicial Magistrate, Kasaya, Kushinagar.

After advancing certain arguments at some length by the learned counsel for the applicant, when the Court put certain query to him, he gave up his challenge to the aforesaid impugned order issuing non-bailable warrants dated 27.06.2016 and 12.04.2019 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 :- 19.10.2019

AK Pandey

 

 

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