Court No. - 55
Case :- APPLICATION U/S 482 No. - 38214 of 2018 Applicant :- Smt. Farhat (Nanad) Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mithilesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned Non bailable warrant dated 18.09.2018 passed by Chief Judicial Magistrate, Saharanpur in Criminal Complaint Case No. 4863 of 2011 (Smt. Shahista Praveen Vs. Faheem Anwar and others) under sections 419, 468 IPC, P.S. Sadar Bazar, District Saharanpur.
Learned counsel for the applicant submits that the applicant is residing at New Delhi, therefore, she could not aware about the date fixed by the trial court on 18.09.2018 and due to this very reason she could not appear before the court below and accordingly the non bailable warrant has been issued against the applicant. He further submits that the applicant has not been assigned any specific role in the complaint filed by opposite party no.2.
Learned Additional Government Advocate appearing on behalf of State-respondent vehemently opposed the contentions raised on behalf of applicant and submitted that the applicant has every knowledge about the aforesaid complaint case and deliberately avoiding to appear before the court below, hence the non bailable warrant has been passed against the applicant.
I have heard the contentions raised on behalf of the parties and perused the record.
From the perusal of the record, this Court finds that the applicant has every knowledge about the filing of the aforesaid complaint case and deliberately she is avoiding to appear before the court below only with a view to linger on the proceedings of the case before the court below, therefore, the court below after considering each and every aspect of the matter passed the non bailable warrant, which does not call for any interference by this Court.
Accordingly, the application being devoid of merit is dismissed.
Order Date :- 30.11.2018 Prajapati [Chandra Dhari Singh, J]