Court No. - 48
Case :- APPLICATION U/S 482 No. - 7189 of 2019 Applicant :- Durgesh Kumar Srivastava Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Mall,Ravi Kumar Srivastava 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 summoning order dated 08.08.2018 issuing non-bailable warrant in case no. 3493 of 2002, under Section 420, 218 IPC, Police Station Bankata, District - Deoria.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
It is submitted by learned counsel for the applicant that applicant is the Lekhpal. He was not posted at the village concerned on the day of incident. Offence under Section 218 IPC is not attracted against them. Concerned Magistrate while passing the summoning order did not take into account the essential ingredients of the offence.
A perusal of the record reveals that the summoning order was passed in accordance with law. Non-bailable warrant was issued when the applicant 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 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. There is no infirmity or illegality in the said order. The prayer made in the application is refused.
At this stage, learned counsel for the applicant prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.
Hence, it is directed that in case the applicant surrenders and applies for bail within 45 days from today, the same shall be considered and decided in view of the settled law. For a period of 45 days from today, effect and operation of the N.B.W. shall remain in abeyance.
It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 26.2.2019//Sanjeet