Court No. - 78
Case :- APPLICATION U/S 482 No. - 43105 of 2019 Applicant :- Kamaluddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ishwar Chandra Tyagi,Kamal Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the NBW dated 18.10.2019, passed by Additional Chief Judicial Magistrate, Nagina, District- Bijnor in Criminal Case No.3244 of 2015 (State Vs. Kamaluddin and others) arising out of Case Crime No.301 of 2012, under Section 2/3 The Prevention of Damage of Public Property Act, Police Station- Nagina Dehat, District- Bijnor.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case. During the trial of the case he could not appear before the court below on 18.10.2019 and NBW has been issued against him. His non appearance was bona fide and not intentional.
From the perusal of the material on record at this stage it cannot be said that no offence is disclosed against the applicant. Due to non appearance before the trial court order to issue NBW was passed 18.10.2019. It cannot be said that the order has been passed illegally.
In view of the above, the prayer to quash the Non-Bailable Warrant against the applicant is refused.
However, in view of the facts and submission of learned counsel for the applicant, it is provided if the applicant appears and surrenders before the court concerned within thirty days from today and applies for bail, the same shall be considered and decided expeditiously in accordance with law by the courts below.
For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive shall be taken against him.
With the aforesaid directions, this application u/s 482 is disposed of finally.
Order Date :- 26.11.2019/Ashutosh Pandey