Dismissed

Smt. Meena @ Savita and 2 Others v. State of U.P. and Another

Allahabad HC23 Jun 2022A482/15521/2022

Case brief

AI extract

What is this about?

In an application under S. 482 Cr.P.C. to quash a non bailable warrant, the appellant argued the stay order lapsed. The court held that under precedents, an unextended six-month stay lapses, making the warrant issuance lawful. The petition was dismissed with liberty to press the pending application or recall the warrant.

What did the court decide?

Petition dismissed; applicants may press pending Crl. Misc. App. No. 35440 of 2018 or seek recall of NBW.

Smt. Meena @ Savita and 2 Others Vs State of… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 47

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Case :- APPLICATION U/S 482 No. - 15521 of 2022

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Applicant :- Smt. Meena @ Savita And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvesh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Sarvesh Kumar Mishra, learned counsel for the applicants and Sri S.N. Mishra, learned AGA for the Staterespondent.

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By way of filing application u/s 482 Cr.P.C., the applicants prays for challenging the NBW dated 5.4.2022 issued against the applicants in case No. 44884 of 2018, under Sections 306 and 120-B IPC, P.S. Chakari, District Kanpur Nagar, pending in the court of Chief Metropolitan Magistrate, Court No. 7, Kanpur Nagar.

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Learned counsel for the applicants submitted that the charge sheet in the present case was filed against the applicants in the year 2018 and applicants challenged the charge sheet of the present case before this Court by means of filing Crl. Misc. Application u/s 482 Cr.P.C. No. 35440 of 2018, in which on 8.10.2018, this Court issued notices to the respondents and proceeding of the present case was stayed, till the next date of listing. He further submitted that thereafter, in spite of the best efforts, case of the applicants could not be listed again and the above mentioned Application u/s 482 Cr.P.C. No. 35440 of2018 is still pending but in the meantime on 5.4.2022, non bailable warrant was issued against the applicants which is totally illegal and therefore, impugned order dated 5.4.2022 is liable to be quashed.

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Per contra, learned AGA submitted that the proceeding of the present case was stayed by this Court on 8.10.2018 and thereafter, order dated 8.10.2018 was never extended and in view of the Apex Court Judgement passed in Asian Resurfacing of Road Agency P. Ltd & ANR Appellant(s) Versus Central Bureau of Investigation reported in [(2018) 16 Supreme Court Cases 299] , the interim order passed by this Court on 8.10.2018 was lapsed after six months and therefore, on 5.4.2022 when applicants failed to appear before the court concerned then in the light of aforesaid judgement of Apex Court, learned trial court issued non bailable warrant against the applicants, therefore, there is no illegality in the order dated 5.4.2022.

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I have heard learned counsel for the parties and perused the record of the case.

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As admittedly, even as per the argument advanced by learned counsel for the applicants that the interim order dated 8.10.2018 passed by this Court in Crl. Misc. Application u/s 482 Cr.P.C. No. 35440 of 2018 was never extended and therefore, it become ineffective in view of the judgement of the Apex Court passed in the case of Asian Resurfacing of Road Agency P. Ltd (supra) , therefore, in my view there is no illegality, if in absence of the applicant, court below issued non bailable warrant against the applicants, therefore, the present application u/s 482 Cr.P.C. is devoid of merit and is, accordingly, dismissed .

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However, it is open for the applicants either to press the Crl. Misc. Application u/s No. 35440 of 2018 which is still pending before this Court or appear before the trial court with a prayer to recall the non bailable warrant issued against them.

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Order Date :- 23.6.2022 Ankita

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Digitally signed by ANKITA SRIVASTAVA Date: 2022.06.25 16:10:27 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Meena @ Savita and 2 Others v. State of U.P. and Another

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Smt. Meena @ Savita and 2 Others v. State of U.P. and Another

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