Court No. - 15
Case :- APPLICATION U/S 482 No. - 43027 of 2018 Applicant :- Man Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Lal Mani Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A., for the State of U.P. Perused the record.
This application under Section 482 Cr.P.C., has been filed to quash the order dated 12.3.2018 passed by Additional Chief Judicial Magistrate, Court No. 3, Mathura in Case No. 2025/IX/2012 (State Vs. Man Singh) arising out of Case Crime No. 105 of 2005 under Sections 279, 337, 338, 304-A IPC, Police Station Refinery, District Mathura.
Learned counsel for the applicant contended that no summon was served on the applicant even though, learned Magistrate has issued non bailable warrant which is against law.
The fact whether summon has been served upon the applicant or not, cannot be decided by this Court under extraordinary jurisdiction of the Court. This is a matter of fact, which can be decided by the trial court on the basis of material available on record.
Accordingly, the prayer for quashing the non bailable issued in the present case is refused.
However, considering the nature of the offence, trial court is directed to decide the bail application of the applicant on the same day, on which he shall be taken into custody as per law.
For a period of 60 days from today or till the applicant surrenders and applies for bail, whichever, is earlier, no coercive action shall be taken against applicant.
With the above directions, this application u/s 482 Cr.P.C., is disposed of. Order Date :- 29.11.2018 Jaswant