Allahabad High Court
Indra Devi & Ors. vs State Of U.P. & Anr. on 24 February, 2020
Author: Rajiv Joshi
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 30 Case :- U/S 482/378/407 No. - 1171 of 2020 Applicant :- Indra Devi & Ors. Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Salik Ram Tiwari,Ram Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicants and learned AGA for the State.
The present 482 Cr.P.C. application has been filed for quashing the revisional order dated 12.2.2020 passed by Additional Sessions Judge Court No.13, Pratapgarh in Criminal Revision No. 73 of 2019 (Indra Devi Vs. State of U.P. & Ors) whereby the application of the applicant for staying the non-bailable warrant has been rejected.
It reflects from the record that the first information report was lodged by O.P. No.2 registered as Case Crime No. 118 of 2018 in which charge-sheet was submitted and cognizance was taken on 27.3.2019 under Section 419, 420, 467, 471 and 120-B IPC, Police Station- Kotwali Nagar, District- Pratapgarh against that the Revision No. 73 of 2019 was filed which remains pending till date. During the pendency of the revision, applicant filed an application for quashing the order issuing non-bailable warrant, the application was dismissed by the revisional authority vide impugned order dated 12.2.2020 with the observations that the applicants have remedy to approach the magistrate concerned where the proceedings is pending for recalling the NBW order.
Contention of learned counsel for the applicant is that the revisional court has wrongly been rejected the application and have power to quash the NBW order as the matter is prejudice before the revisional court.
On the other hand, learned AGA submits that the present application filed by the applicant is against the interlocutory order which is not maintainable.
I have considered the rival submissions raised parties and perused the record.
Admittedly, the applicant has alternative remedy to approach the concerned Magistrate for recalling the NBW order. I do not find any illegality or infirmity in the order impugned.
The writ application lacks merit and is accordingly rejected.
However, considering the facts and circumstances of the case, that if the applicants file an application for recalling of the non-bailable-warrant issued against them within 30 days from today, their application may be considered and disposed of as expeditiously as possible, in accordance with law or in case, the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may 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 disposal of the application for withdrawal of the non bailable warrant or application for grant of 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.
Order Date :- 24.2.2020 Akbar