Court No. - 3
Case :- APPLICATION U/S 482 No. - 22521 of 2019 Applicant :- Abbas Jafri @ Muhammad Abbas Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Neeraj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Neeraj Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been preferred with the prayer to quash the impugned N.B.W. order dated 20.05.2019, passed by Chief Judicial Magistrate, Bhadohi, in Criminal Case No. 837 pf 2018 (Riyaz vs. Abbas Jafri), under Section 420 I.P.C., Police Station Bhadohi, District Bhadohi.
From perusal of record, it appears that by order dated 11.02.2019, the applicant was summoned by the learned trial court for the offence under Section 420 I.P.C. On being inquired, learned counsel for the applicant has submitted that no revision as such has been filed against the summoning order. It it is so, the right way available to the applicant was to appear before the learned trial court and to move an application for bail. But instead of putting his appearance before the learned trial court, he kept on fleeing away and ultimately it appears that an N.B.W. was issued by the impugned order, which appears to be completely justified.
In the above factual matrix, it appears that the impugned order passed by learned appellate court was totally justified and it was incumbent for the applicant to surrender before the court. Hence, there is no ground for interference in the impugned order by invoking the authority under Section 482 Cr.P.C.
However, it is observed that if the applicant surrenders before the learned court below and applies for bail within one month from the date of receipt of certified copy of this order, the learned appellate court after taking the applicant into custody, proceed to dispose of his bail application expeditiously, preferably on the same day.
With the above observation, the application is disposed of.
Order Date :- 11.6.2019 sailesh