Court No. - 32
Case :- APPLICATION U/S 482 No. - 6467 of 2018 Applicant :- Buddhan Khan Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 5.1.2018 passed by District and Session Judge Azamgarh in Session Trial No. 121 of 2014 in connection with case crime no. 512 of 2011, u/s 308, 332, 336, 504 IPC and 7 Criminal Law Amendment Act, P.S. Raunapur, District Azamgarh by means of which process u/s 82 Cr.P.C. have been issued.
Learned counsel for the applicant contended that applicant was falsely implicated. He was released on bail. Since, he failed to appeared before the court concerned on the date fixed due to unavoidable circumstances and as such, N.B.W. has been issued.
Learned A.G.A. opposed the aforesaid prayer.
Considered the submission of the learned counsel for the parties. In view of the allegation, at this stage, it cannot be said that no offence is made out. The version of the defence has to be examined at appropriate stage, on the basis of evidence adduced by the parties, in accordance with law. Hence, no interference is required u/s 482 Cr.P.C.
However, without expressing any opinion on merit, in view of the facts, if the applicant appears before the court concerned within three weeks from today and applies for bail, it is expected that the same will be considered and disposed off, expeditiously, in accordance with law.
With aforesaid observation and direction, the present application is finally disposed off.
Order Date :- 28.2.2018 A.K.Srivastava