Court No. - 49
Case :- APPLICATION U/S 482 No. - 6891 of 2019 Applicant :- Smt. Alweena Mycle Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Dinesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicant and learned AGA for the State-respondents.
By means of this application under section 482 Cr.P.C., the applicant has invoked the inherent jurisdiction of this Court for quashing the N.B.W. order dated 21.08.2018 in Case No.2211 of 2016 (Arun Alphanse vs Alweena Mycle) under Sections 138 N.I. Act, Police Station-Civil Lines, District Meerut, pending in the Court of learned Additional chief Judicial Magistrate 4th Meerut.
The contention of the counsel for the applicants is that applicant is a lady and she was granted bail on 04.01.2018 since then due to her illness she has never attend the Court, therefore, N.B.W. has been issued against the applicant. Therefore, the proceeding of N.B.W. order dated 21.08.2018 is liable to be quashed.
Per contra, learned AGA supported the order of the learned Magistrate by contending that the order is well reasoned.
A perusal of the order sheet shows that after release on bail applicant has never attend the Court hence there is no good ground to quash the proceeding of N.B.W. order dated 21.08.2018. From perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relates to the disputed question of facts, which cannot be adjudicated upon by this court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Hon'ble Supreme Court in R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC (Cr.) 283.
The prayer for quashing of the N.B.W. order dated 21.08.2018 is refused.
However, it is provided that if the applicant appears and surrenders before the court below and applies for bail within a month, then his prayer for bail shall be considered expeditiously in accordance with law.
With the aforesaid directions, this application under section 482 Cr.P.C. is finally disposed of.
Order Date :- 25.2.2019 Pr/-