Court No. - 71
Case :- APPLICATION U/S 482 No. - 21389 of 2019 Applicant :- Ishaq Arbi Alias Mohd. Ishaq Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhishek Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This application has been filed with the prayer to quash the order dated 26.2.2019 passed by learned Additional District and Sessions Judge, Court No.2, Kaushambi in Case No.38 of 2019 as well as entire proceeding of Case Crime No.92 of 2015, pending in the court of Additional District and Sessions Judge, Court No.2 Kaushambi (State vs. Ishaq Arbi alias Mohammad Ishaq) under sections 323, 504, 506 I.P.C. and under section 3(i)SC/T Act and further prayer is to stay the proceedings of the aforesaid case.
Learned counsel for the applicant submitted that without any opportunity of hearing, on the very first day of the case, the trial court has issued bailable warrant against the applicant, hence the order issuing bailable warrant may be quashed.
Learned A.G.A. has opposed the aforesaid prayer. Considered the submissions.
In view of the above, the applicant is directed to surrender within fifteen days before the court concerned and file an application for recalling the order issuing bailable warrant against the applicant. In case such an application is filed, the same shall considered and disposed of as per legal provision.
With the above observation this application is disposed of.
Order Date :- 28.5.2019 Rk