Court No. - 83
Case :- APPLICATION U/S 482 No. - 28494 of 2019 Applicant :- Ajay Alias Jolly And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed by the applicants seeking quashment of the order dated 24.10.2017 in Complaint Case No. 174 of 2017, under Sections 406 and 506 of IPC, Police Station Sirsaganj, District Firozabad, pending in the court of A.C.J.M. Shikohabad Firozabad, whereby non-bailable warrants have been issued against applicants.
Learned counsel for the applicants has argued that impugned order has been passed ignoring relevant facts and material. He has prayed that some interim protection may be granted so that applicants may seek bail from the court below.
On the other hand, learned A.G.A. has submitted that applicants have been summoned on the basis of the statement of complainant recorded under Section 200 Cr.P.C. and statements of witnesses recorded under Section 202 Cr.P.C. and a prima facie case is made out against the applicants and there is no illegality in the impugned order.
Perusal of the record shows that earlier bailable warrants were issued against the applicants and thereafter, non bailable warrants were issued against them vide impugned order dated 24.10.2017. Since then non bailable warrants are continuously being issued against applicants but they have not appeared. Prima facie no illegality or perversity could be pointed out in the impugned order by which non bailable warrants have issued against the applicants. Powers under Section 482 Cr.P.C. cannot be exercised in a routine manner to interfere in such interim orders passed by the trial court particularly when no illegality or irregularity could be pointed out. It is well settled that powers under Section 482 Cr.P.C. have to be exercised cautiously and sparingly.
In view of the aforesaid, the present application under Section 482 Cr.P.C. has no force.
The application under section 482 Cr.P.C is accordingly rejected.
Order Date :- 22.8.2019 Mohit