Court No. - 64
Case :- APPLICATION U/S 482 No. - 36088 of 2019 Applicant :- Bharat Lal Patel Opposite Party :- State Of UP And Another Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of entire proceedings as well as N.B.W. order dated 08.09.2019 passed by 1st Additional Chief Judicial Magistrate, Mirzapur in Case No. 232 of 2017 (State Vs. Bharat Lal), arising out of Case Crime No. 994 of 2016, under Sections 279, 337, 338 and 304-A I.P.C., Police Station- Kotwali Dehat, District- Mirzapur.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
At the very outset, learned counsel for the applicant has not pressed the prayer so far it relates to quashing of the entire proceedings of the case. In view of the submissions made by the applicant's counsel, the prayer for quashing the entire proceedings of the case stands dismissed.
So far as the prayer seeking quashing of the non bailable warrant dated 08.09.2019 issued against the applicant is concerned, the Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned non bailable warrant order is refused.
Learned counsel for the applicant submits that the applicant wants to appear before the court below and get themselves bailed out and in that regard some protective direction may be given.
However, in view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within two weeks from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 27.9.2019 P.S.Parihar