Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 3312 (ALL)

Dinesh Dangur v. State of U. P.

2015-10-26

RAMESH SINHA

body2015
JUDGMENT Ramesh Sinha, J. Ref : Crl. Misc. Correction Application No. 367320 of 2015 2. This is an application for correction of the order dated 07.10.2015, passed by this Court. 3. It is admitted amongst the learned counsel for the parties that the wrong order has been transcribed and therefore order dated 07.10.2015 is hereby recalled and in its place fresh order is being passed which is as under: - "Heard Sri Haridwar Singh, learned counsel for the applicant, and Sri Ripusudan Yadav, learned A.G.A. appearing for the State, and perused the record. The applicants, by means of this application, have invoked the inherent jurisdiction of this Court with a prayer to quash the order dated 28.09.2015, passed by the Chief Judicial Magistrate, Aligarh, in Case Crime No. 1243 of 2012, under Sections 498-A, 504, 506 IPC, and 3/4 Dowry Prohibition Act, Police Station Banna Devi, District Aligarh. He further prayed for stay the execution of the non-bailable-warrant. After having heard the learned counsel for the parties present and perused the impugned order as well as the material brought on record, I do not find any justification for quashing the impugned order passed in the aforesaid case. The prayer for quashing the same is hereby refused. However, it is directed that in case the applicant appears and surrender before the court below within three weeks from today and applies for bail, his prayer for bail shall 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 three weeks from today, non-bailable-warrant issued against the applicant shall be kept in abeyance. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him. It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him. It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above. The court below to decide aforesaid case in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order, if there is no legal impediment. With the aforesaid directions, this application is finally disposed of."