Dr. Ram Kumar Sharma Urf Rohit And ... vs State Of U.P. And Another
2017 Latest Caselaw 3265 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 24591 of 2017
 

 
Applicant :- Dr. Ram Kumar Sharma Urf Rohit And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Rabindra Bahadur Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This application under Section 482, Cr.P.C. has been filed to quash the Non Bailable Warrant dated  4.10.2016 in Complaint Case No. 421 of 2013, under Sections  420, 495, 452, 323, 504, 120-B and 506 I.P.C., P.S. M.M.Gate District Agra.

Learned counsel for the applicants contended that the applicants have filed an application under section 482 Cr.P.C. No. 9951 of 2005 before this court in which the stay order was passed. Due to mistake of counsel for the applicants, the application u/s 482 was dismissed in default on 6.10.2010. It has further been submitted that N.B.W. has been issued against the applicants. There is matrimonial dispute in between the husband and  wife. The applicants have every intention to appear before the court concerned and participate in the proceedings of the trial.

Considering the facts and circumstances of the case, I do not find any ground to quash the order of non bailable warrant dated 4.10.2016. Accordingly, the prayer for quashing the order of non bailable warrant is hereby refused.

However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their 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 30 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 16.8.2017/Gss