Smt. Jiyo@ Mehraj Bano v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 32487 of 2023 Applicant :- Smt. Jiyo@ Mehraj Bano Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard counsel for the applicant, learned A.G.A for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed to quash the non-bailable warrant order dated 30.05.2022 passed by Chief Judicial Magistrate, Etah as well as the entire proceeding in connection with case crime no.729 of 2020 (State vs. Smt. Jiyo @ Mehraj Bano), under sections 372, 373, 120-B I.P.C. and section 3, 4, 5, 6, 7 of Prevention of Immoral Traffic Act, P.S. Kotwali Nagar, District Etah, pending in the court of Chief Judicial Magistrate, Etah and further prayer to stay the further proceedings of the aforesaid case has been made.

¶3In compliance of the previous order dated 26.10.2023, by means of supplementary affidavit, document of the resident have been filed which is taken on record. It is submitted by learned counsel for the applicant that applicant is residing at the residence indicated in the supplementary affidavit and the NBW has been issued and the prayer for cancellation of the same has been made.

¶4Learned AGA has no objection to the said prayer.

¶5The prayer for quashing the entire proceeding of aforesaid criminal case is hereby refused.

¶6However, it is provided that if the applicant files an application for recall of the order issuing non-bailable warrant within four weeks from today, the said application shall be considered by the court concerned and appropriate order shall be passed expeditiously.

¶7For a period of four weeks, no coercive action shall be taken against the applicant.

¶8In the event of failure, on the part of the applicant to act within time as directed above, the court concerned may adopt all coercive measures to ensure the appearance.

¶9With the aforesaid observations, this application is finally disposed of. Order Date :- 1.12.2023 Shiv High Court of Judicature at Allahabad