Smt. Faguni and Others vs State of U.P. and Another

Hon''ble Bala Krishna Narayana, J.—Heard Learned Counsel the applicants and learned A.G.A. The present 482 Cr.P.C. petition has been filed for quashing the order dated 25.6.2010 passed by learned Special Chief Magistrate, Allahabad in Case No. 396 of 2007, State v. Faguni and others, relating to case crime No. 193 of 2007, under Sections 452, 323, 504, 506 I.P.C and 3/5/8 S.I.T. Act and 3(1)(X) (XII) SC/ST Act., Police Station Mauaima, District Allahabad by which non-bailable warrant has been issued against the applicants.

Learned counsel for the applicants contended that the reasons on account of which the applicants failed to appear before the trial court were beyond their control and the applicants have every intention to appear before the court concerned and participate in the proceedings of the trial.

After having considered the submissions made by the Learned Counsel for the applicants 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 applicants move an application for cancelling the non-bailable warrants issued against them before the court below within three weeks from today along with the certified copy of this order, in that case the concerned court shall pass appropriate order thereon within a further period of one week. For a period of four weeks from today, no coercive action shall be taken against the applicants in the aforesaid case.