Court No. - 79
Case :- APPLICATION U/S 482 No. - 42966 of 2019 Applicant :- Khushi Mohmmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dwivedi,Vidya Sagar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the Non Bailable Warrants dated 31.10.2018, 18.12.2018, 23.02.2019, 23.04.2019, 30.05.2019, 01.08.2019 and 21.09.2019 passed by District and Sessions Judge, Gautam Budh Nagar in S.T. No. 386 of 2018, arising out of Case Crime No. 447 of 2018 (State Vs. Khushi Mohammad), under Section 307 of IPC, Police Station- Phase-III, District Gautam Budh Nagar.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
From the perusal of the material on record, it reveals that the learned Lower Court has only issued Non Bailable Warrants on 31.10.2018, 18.12.2018, 23.02.2019, 23.04.2019, 30.05.2019, 01.08.2019 and 21.09.2019 when the accused applicant has not turned up before the Court. The learned counsel for applicant could not point out any illegality or any abuse of process committed by the Lower Court in passing the aforesaid orders.
The application has no merit and is hereby rejected.
Order Date :- 26.11.2019 LBY