Court No. - 64
Case :- APPLICATION U/S 482 No. - 35871 of 2019 Applicant :- Kitti @ Maharaj Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shivam Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of non bailable warrant dated 23.05.2017 passed by learned Additional Chief Judicial Magistrate-III, Gautam Budh Nagar as well as entire proceedings of Case No. 6858 of 2005 (State Vs. Kitti and Others), arising out of Case Crime No. 672 of 1991, under Sections 392 and 411 I.P.C., Police Station- Sector 20 Noida, District Gautam Budh Nagar, pending in the court of Additional Chief Judicial Magistrate-III, Gautam Budh Nagar.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
At the very outset, learned counsel for the applicant has not pressed the prayer so far it relates to quashing of the entire proceedings of the case. In view of the submissions made by the applicant's counsel, the prayer for quashing the entire proceedings of the case stands dismissed.
So far as the prayer seeking quashing of the non bailable warrant dated 23.05.2017 issued against the applicant is concerned, the Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned non bailable warrant order is refused.
Learned counsel for the applicant submits that the applicant wants to appear before the court below and get themselves bailed out and in that regard some protective direction may be given.
However, in view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within three weeks from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 26.9.2019 P.S.Parihar