Court No. - 48
Case :- APPLICATION U/S 482 No. - 7470 of 2019 Applicant :- Ajay Tiwari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudhakar Shukla,Diwakar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the order dated 18.1.2017 issuing non-bailable warrant in complaint case no.
329 of 2017, under Sections 451, 376, 506 IPC, Police Station Kotwali, District Fatehpur pending in the court of Additional Chief Judicial Magistrate, Court No. 12, Fatehpur. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
During the course of argument, learned counsel for the applicant submitted that non-bailable warrant has been issued against the applicant in the present matter.
A perusal of the record reveals that the summoning order was passed after recording the statement under Sections 200 and 202 Cr.P.C. of the complainant as well as the witnesses. Non- bailable warrant was issued when the applicant did not appear before the court concerned despite service of summon. Issuance of non-bailable warrant is within the jurisdiction of the court concerned.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.
However, it is observed that in case the applicant surrenders and applies for bail within thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, effect and operation of the N.B.W. issued in the matter shall remain in abeyance.
It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 28.2.2019 Sachdeva