Allahabad High Court
Urmila Yadav vs State Of U.P. Thru Addl Chief Secy Deptt ... on 8 August, 2022
Author: Sanjay Kumar Pachori
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- APPLICATION U/S 482 No. - 5276 of 2022 Applicant :- Urmila Yadav Opposite Party :- State Of U.P. Thru Addl Chief Secy Deptt Of Home U.P. Civil Sectt Lko And Another Counsel for Applicant :- Prabhaat Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
During the course of hearing, learned counsel for the applicant, delete the name of opposite party no. 2.
Heard Sri Prabhaatt Kumar Tripathi, learned counsel for the applicant, Sri Arvind Kumar Tiwari, learned A.G.A. for the State and perused the material on record.
The present application under Section 482 Cr.P.C. has been filed to quash the order dated 03.06.2022 by which non-bailable warrant has been issued against the applicant by Sessions Judge, N.D.P.S. Court, Hardoi in Special Case No. 16 of 2018 (State v. Nakshatra Sen and others) arising out of Case Crime No. 150 of 2018, under Section 8/20 of N.D.P.S. Act, Police Station Manjhila, District Hardoi.
Learned counsel for the applicant submits that the applicant granted bail by this Court in Bail Application No. 6289 of 2018 on 01.03.2019. The applicant is owner of the truck which was operated by her husband i.e. co-accused Rajpal Yadav. The said truck was apprehended by the police and 47 Kg ganja was recovered from the said truck and co-accused Nakshatra Sen was arrested on the spot. The applicant has been implicated on being owner of the said truck. It is further submitted that the applicant regularly appear before the court concerned after getting bail but on 03.06.2022, the applicant could not appear before the concerned court due to transfer of the case in another court and due to this reason non-bailable warrant has been issued without satisfying the fact as to whether the applicant avoiding her arrest and without issuing any summon. The order has been passed in a cursory manner.
After having considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record, without expressing any opinion on the merits of the case, I dispose of this application with a direction that in case the applicant moves an application for cancelling the non-bailable warrant/bail application before the court below within three weeks from today shall be considered expeditiously in accordance with law.
For a period of three weeks from today or till the disposal of the application whichever is earlier, non-bailable warrant issued against the applicant vide order dated 16.07.2022, shall remain stayed.
Order Date :- 8.8.2022 VPS