Court No. - 50
Case :- APPLICATION U/S 482 No. - 39886 of 2017 Applicant :- Kaushik Dixit And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anup Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 2478 of 2017 pending before the Civil Judge (JD) Room No.22, Deoria as well as the summoning order dated 5.10.2016 and the non-bailable warrant dated 7.10.2017. 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.
A perusal of the record reveals that the summoning order was passed after recording the statement under Sections 200 and 202 Cr.P.C. of the complainant as well as the witnesses. 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.
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 orders. There is no infirmity or illegality in the said orders. The prayer made in the application is refused.
However, it is observed that in case the applicants surrender and apply for bail within forty-five days from today, the same shall be considered and decided in view of the settled law. For a period of forty-five 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 applicants to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 29.11.2017 safi