Court No. - 48
Case :- APPLICATION U/S 482 No. - 2447 of 2019 Applicant :- Dr. Nadeem And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Amit Rai,Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 9668 of 2015 (Mohd. Shamim Vs. Dr. Nadeem and others), under Sections 420, 504, 506 IPC, Police Station Didauli, District Amroha as well as impugned order dated 14.11.2018 pending in the court of Chief Judicial Magistrate, Amroha. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
Only prayer pressed by the learned counsel for the applicants is that a direction be given to the court concerned to decide the bail application of the applicants expeditiously.
A perusal of the record reveals that the summoning order was passed in accordance with law. 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.
In the circumstances, it is directed that in case the applicants surrenders before the court below and apply for bail within 30 days from today the same shall be considered and decided in view of the settled law. For a period of 30 days from today, effect and operation of the N.B.W. shall remain in abeyance. It is made clear that no further time will be allowed to the applicants for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 21.1.2019 Sanjeet