Allahabad High Court
Chameli Devi And Anr. vs State Of U.P. And Anr. on 7 October, 2015
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 53
Case :- APPLICATION U/S 482 No. - 30035 of 2015
Applicant :- Chameli Devi And Anr.
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Jai Narain
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Ramesh Sinha,J.
Head Sri Jai Narain, learned counsel for the applicants and Sri Nikhil Chaturvedi, learned AGA appearing for the State and perused the record.
This application has been filed for quashing the order dated 08.09.2015, passed by the Additional District and Sessions Judge, Court No.2, Kasganj, and the order dated 08.09.2015, passed by incharge Chief Judicial Magistrate, Kasganj, in Case No. 3139 of 2015, arising out of Case Crime No. 695 of 2014 (State Vs. Chameli and others), under Section 420 IPC, Police Station Kasganj, District Kasganj, and also prayed for stay the further proceeding of the aforesaid case.
It has been argued by the learned counsel for the applicants that applicants have earlier approach this Court by means of filing application under Section 482 Cr.P.C. No. 20718 of 2015, and another Bench of this Court vide order dated 23.07.2015 has disposed of the same and directed the applicants to obtain bail. A copy of the order dated 23.07.2015 is being filed and marked as annexure no.16 to the affidavit. In pursuance of the said order the applicants have appear before the court of Chief Judicial Magistrate, Kasganj and move an application dated 19.08.2015, for bail and count concerned has granted them an interim bail to the applicant on 19.08.2015. He submits that due to the ailment they could not appear before the court concerned on the next date fix, hence the non-bailable-warrant has been issued against them. He submits that applicants are ready to appear/surrender before the court concerned for which they may be allowed to some time.
After having heard the learned counsel for the parties present and perused the impugned order as well as the material brought on record, I do not find any justification for quashing the impugned order passed in the aforesaid case. The prayer for quashing the same is hereby refused.
However, it is directed that in case the applicants appears and surrender before the court below within three weeks from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of three weeks from today, non-bailable-warrant issued against the applicants shall be kept in abeyance.
However, in case, the applicants does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicants will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid directions, this application is disposed of finally.
Order Date :- 7.10.2015/VKG
