Smt. Kamlesh vs State Of U.P. And Another
2015 Latest Caselaw 2857 ALL

Citation : 2015 Latest Caselaw 2857 ALL
Judgement Date : 1 October, 2015

Allahabad High Court

Smt. Kamlesh vs State Of U.P. And Another on 1 October, 2015

Bench: Ramesh Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 29569 of 2015
 
Applicant :- Smt. Kamlesh
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Keshari Nath Tripathi
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Keshari Nath Tripathi, learned counsel for the applicant, and Sri Nikhil Chaturvedi, learned AGA appearing for the State and perused the record.

This application has been filed for quashing the non-bailable-warrant dated 24.07.2013, passed by the Chief Judicial Magistrate, Moradabad, in Case No. 2432 of 2013 (State Vs. Rinku @ Randhir Singh and others), Case Crime No. 279 of 2011, under Sections 302, 120-B IPC, Police Station Kundarki, District Moradabad, and further prayed for stay to the proceeding of the aforesaid case.

The learned AGA pointed out that the applicant has earlier approach this Court for quashing of the charge-sheet of the present case, by means of filing the application under Section 482 Cr.P.C.No. 24498 of 2013, and this Court vide order dated 28.08.2013 has dismissed the same, and the applicant was directed to appear before the trial court and obtain bail, but it appears that applicant has not appear before the trial court, and present non-bailable-warrant has been issued against the applicant.

The learned counsel for the applicant submits that applicant is an old lady, aged about 65 years and she is not able to move freely, but he has not annexed any medical documents to show the fact about any ailment to the applicant.

The prayer for quashing the non-bailable-warrant dated 24.07.2013, is hereby refused.

However, taking into account of the aforesaid fact of old age of the applicant, the non-bailable-warrant issued against the applicant shall be kept in abeyance for a period two weeks only.

With the aforesaid observation, the present application under Section 482 Cr.P.C. stands disposed of.

Order Date :- 1.10.2015/VKG