Application filed to quash proceedings and recall non-bailable warrant. Court directed applicants to appear in lower court within 15 days and halted coercive action pending such appearance.
Direction to appear in lower court within 15 days; no coercive action against applicants for 15 days.
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Court No. - 71
Case :- APPLICATION U/S 482 No. - 42631 of 2022
Applicant :- Smt Sundari And Another Opposite Party :- State Of U.P. . And Another Counsel for Applicant :- Sukrampal,Tikendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants and learned A.G.A. for the Staterespondent and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of S.T. No. 323 of 2021 (State Vs. Gulveer & 5 others), arising from the cognizance order dated 02.01.2021 passed taken by Chief Judicial Magisgtrate, Mathura, over the charge sheet No. 246/2020, dated 25.11.2020 submitted by the Investigating Officer in Case Crime No. 0246 of 2020, under Sections 147, 148, 149, 323, 504 I.P.C. Police Station Surir, District Mathura as well as the impugned non bailable warrant order dated 02.12.2022 passed by Additional Sessions Judge, Court No. 6, Mathura in S.T. No. 323 of 2021(State Vs. Gulveer & 5 others), in Case Crime No. 0246 of 2020, under Sections 147, 148, 149, 323, 504 I.P.C. Police Station Surir, District Mathura.
It is submitted by the learned counsel for the applicants that they were facing trial under Sections 147, 148, 149, 323, 504 I.P.C. As their attendance exemption application been moved in the trial court. On the objections by learned A.D.G.C and learned counsel for the complainant, the trial court ordered them to appear before the court within 10 days and when they did not appear on date fixed i.e on 02.12.2022, the trial court issued non bailable warrant against them. Now applicant Sundari is eight months pregnant, at the time of order Sundari was having 24 months pregnancy and applicant Devki was looking after her, hence, prayer is made to recall the non bailable warrant issued against the applicants.
As the Sections involved are 147, 148, 149, 323, 504 I.P.C and the applicants have been bailed out earlier by the order of the trial court, now just non bailable warrant of two three dates exist on the trial court record against these applicants. The trial court being the court of initial jurisdiction of recalling non bailable warrant against the applicants, the application of the applicants is disposed of with a direction to them to appear before the trial court within 15 days from today and move an application before the trial court itself.
Only for these 15 days, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 30.1.2023 PS
Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad
Smt Sundari And Another
Sadhna Rani (Thakur)
As recorded by the court registry
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