Court No. - 73
Case :- APPLICATION U/S 482 No. - 35964 of 2019 Applicant :- Aslam Husain And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Mohd Aadil Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants as well as learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 7.3.2016 passed by Addl. Civil Judge (S.D.) / Addl. Chief Judicial Magistrate, Court No.1, Moradabad as well as non-bailable warrant order dated 19.7.2019 passed by Judicial Magistrate, Moradabad in complaint case no.5261 of 2017 (CNR No. UPM004-017945- 2017) under Sections 504, 506 IPC, P.S. Nagfani, District Moradabad. Further prayer has been made to stay the effect and operation of aforesaid orders.
Learned counsel for the applicants contended that the reasons on account of which the applicants failed to appear before the trial court were beyond their control and the applicants have every intention to appear before the court concerned and participate in the proceedings of the trial.
Learned A.G.A. appearing for the State opposed the prayer.
Non-bailable warrant was issued when the applicants 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, after perusing the entire record 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. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicants. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.
However, without expressing any opinion on the merits of the case, the application is disposed of with a direction to the applicants to surrender before the court below within 30 days from today and apply for bail, which shall be considered and decided in view of the settled law. For a period of thirty days from today, effect and operation of non-bailable warrant issued against the applicants shall be kept in abeyance.
In case of default, the Court below will be at liberty to take all coercive steps against the applicants for ensuring their appearance.
With the aforesaid observations, the application is disposed of.
Order Date :- 27.9.2019 ss