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2015 DIGILAW 4151 (ALL)

Urmila Mishra v. State of U. P.

2015-12-23

RAMESH SINHA

body2015
JUDGMENT Ramesh Sinha, J. Heard Sri Vinod Kumar Baranwal, learned counsel for the applicants and Sri R.K. Maurya, learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed for quashing the N.B.W. order dated 4.11.2015 passed by learned C.J.M. Mainpuri Case No. 1263 of 2015 (State Vs. Smt. urmila Mishra & others) under sections 498-A, 307, 506, 504 IPC and secton 3/4 D.P. Act, police station Kotwali, District Mainpuri. 3. After having heard the learned counsel for the parties present and perused the impugned order as well as the material brought on record, I am of the view that the impugned order is based upon relevant considerations and supported by cogent reasons, hence requires no interference by this Court. 4. After having heard the learned counsel for the parties present and perused the impugned order as well as the material brought on record, I am of the view that the impugned order is based upon relevant considerations and supported by cogent reasons, hence requires no interference by this Court. The prayer for quashing the same is hereby refused. 5. However, it is directed that in case the applicants appear and surrender before the court below within 30 days from today and apply 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. 6. For a period of 30 days from today, non-bailable warrant issued against the applicants shall be kept in abeyance. 7. In case, the applicants do not appear before the Court below within the aforesaid period, trial Court is free to take coercive action against them. 8. It is made clear that the applicants will not be granted any further time by this Court for surrendering before the Court below as directed above. With the aforesaid observations, the application stands disposed of.