Court No. - 47
Case :- APPLICATION U/S 482 No. - 19986 of 2020 Applicant :- Devendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Phool Chandra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the N.B.W order dated . 05.05.2020 passed by Additional Chief Judicial Magistrate Nagina, Bijnor in case no. 753 of 2013 (State Vs. Devendra Singh) arising out of Case Crime No. 75 of 2013, under Sections 420, 467, 468, 471 I.P.C, Police Station Nagina Dehat, District Bijnor, pending before learned Additional Chief Judicial Magistrate, Nagina, Bijnor.
The learned counsel for the applicant has submitted that he has applied for the bail and bail was granted on 28.10.2013 by the court below. However, he could not appear before the court below and N.B.W was issued against him. The impugned order was passed by the learned lower court without applying judicial mind.
The learned A.G.A vehemently opposed the prayer to quash the N.B.W and contended that the applicant-accused failed to appear before the court below and N.B.W was rightly issued against him.
Copy of order sheet is made Annexure-4 of the affidavit. From the perusal of the same, it is found that the applicant-accused appeared before the trial court and case was fixed for framing of charge. Thereafter, on 05.04.2018 N.B.W was issued against him and thereafter several dates were fixed but the applicant- accused could not appear before the court below.
On the perusal of the impugned order, it is found that there is no illegality in the impugned order. The learned counsel for the applicant contended that he is willing to surrender before the court below seeking prayer to cancel the N.B.W and also for bail.
Taking into consideration this submission of the learned counsel for the applicant, applicant may move the application before the court below seeking cancellation of N.B.W and also with the prayer for bail, which shall be decided by the court below expeditiously according to law.
With the above observations, this application under Section 482 Cr.P.C is disposed of.
Order Date :- 5.1.2021 PS