HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 70
Case :- APPLICATION U/S 482 No. – 26651 of 2019
Applicant :- William Nainson Bux And 2 Others
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Sushil Kumar Tiwari,Pradeep Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon’ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and 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 with a prayer to quash the Non-bailable warrant dated 12.06.2019 arising out of Case Crime No. 67 of 2017 and proceedings of S.S.T. No. 107 of 2019 (State Vs. William Nainson Bux and others), under Sections 498A, Section323, Section504, Section506, Section147, Section307 IPC and 3/4 D.P. Act and 3(2))V) SC/SectionST Act, Police Station Gandhi Park, District – Aligarh pending in the court of Special Judge (SC/SectionST Act), Aligarh.
The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned the Non-bailable warrant dated 12.06.2019 against the applicants and requested to grant some protection, so that applicants may surrender before the court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the recall of N.B.W/bail application of the applicant expeditiously in accordance with law.
Considering the prayer made by the 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 recall of N.B.W./bail application, the same shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by 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 passed by Hon’ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 30 days from today, no coercive action shall be taken against the applicants.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 11.7.2019