Allahabad High Court
Sunil Kumar Sharma And 5 Others vs State Of U.P. And Another on 30 September, 2019
Author: Rajiv Joshi
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- APPLICATION U/S 482 No. - 36467 of 2019 Applicant :- Sunil Kumar Sharma And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pradeep Saxena Counsel for Opposite Party :- G.A. Hon'ble Rajiv Joshi,J.
Heard Sri Pradeep Saxena, learned counsel for the applicants and learned AGA for the State.
Present application under Section 482 Cr.P.C. has been filed for direction to the Additional Chief Judicial Magistrate, Court No. 17, Allahabad to decide the application under Section 205 Cr.P.C. filed by the applicants in Complaint Case No. 60 of 2014, under Sections 498A, 323 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Allahabad.
It is contended by learned counsel for the applicants that an application under Section 205 Cr.P.C has been filed for dispensing with personal attendance of the accused, which remain pending since 2016. It is further contended by learned counsel for the applicants that applicants failed to appear before the court concerned in order to press the said application filed under Section 205 Cr.P.C. and in pursuance thereof Non-Bailable warrant has been issued on 26.8.2019.
Under these circumstances, the Magistrate has rightly passed the order issuing Non-Bailable warrant against the applicants and even otherwise, prayer for quashing the Non-Bailable warrant has not been made in the present application.
Since, the application for exemption of personal appearance is pending since 2016, therefore, the concerned Magistrate is directed to pass appropriate order on the application filed by the applicants, which is appended at page 13 of the paper-book, as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order. In case, the application for recall of Non-Bailable warrant is filed by the applicants before the court concerned within two weeks from today, the same shall also be considered and decided within the aforesaid period.
For the period of three weeks from today, no coercive action shall be taken against the applicants in the aforesaid case. In case, the applicants fail to appear before the court concerned within two weeks from today, coercive action shall be taken against him for ensuring his presence in accordance with law.
With the above directions, this application is disposed of finally.
Order Date :- 30.9.2019 Noman