Disposed

Satpal and 3 Others v. State of U.P. Another

Allahabad HC4 Jul 2019A482/25341/2019

Case brief

AI extract

What is this about?

The High Court dismissed the application under Section 482 Cr.P.C. seeking quashing of criminal proceedings under Section 498-A IPC. The court held that a prima facie case was made out, but granted interim protection allowing the applicants to apply for recall of the non-bailable warrant within four weeks.

What did the court decide?

Prayer for quashing refused; interim protection granted for four weeks to apply for recall of non-bailable warrant.

Satpal and 3 Others Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 25341 of 2019

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Applicant :- Satpal And 3 Others Opposite Party :- State Of U.P. Another Counsel for Applicant :- Suneel Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Suneel Kumar Mishra, learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed for quashing the entire proceedings in Complaint Case No. 1514 of 2012 under Section 498-A 323, 504, 504 IPC and 4 of D.P. Act Police Station Sihanigate, District-Ghaziabad and order dated 14.1.2019 passed by the A.C.J.M. Court no. 3, Ghaziabad whereby non-bailable warrant were issued by the Magistrate against the applicants.

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Prima facie, case against the applicants under Section 498-A 323, 504, 504 IPC and 4 of D.P. Act, is made out. The complaint was filed on 19.3.2009, and the accused persons including applicants were summoned on 24.7.2009, the summoning order has not been challenged by the applicants.

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In these circumstances, no case for quashing the entire proceeding of Complaint Case No. 1514 of 2012 is made out.

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Prayer for quashing the order dated 14.1.2019 whereby the nonbailable warrant were issued against the applicants is refused.

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However, considering the facts and circumstances, it is provided that the applicants appear before the court concerned within four weeks from today and file an application for recall of the non-balaiable warrant. In case, such application is filed, the concerned Magistrate shall decide the same in accordance with law. For the period of four weeks from today, no coercive action shall be taken against the applicants. In case, the applicants fail to appear before the court concerned within four weeks from today, the interim protection granted by this Court shall automatically stands vacated.

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With the above directions, this application is disposed of finally

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Order Date :- 4.7.2019 Akbar

Satpal and 3 Others v. State of U.P. Another

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Satpal and 3 Others v. State of U.P. Another

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