Court No. - 15
Case :- APPLICATION U/S 482 No. - 43109 of 2018 Applicant :- Mayank Mishra And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pragya Pandey,Ram Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A. G. A. for the State. Perused the record.
This application u/s 482 Cr.P.C., has been filed by the applicants to quash the chargesheet dated 26.3.2017 arising out of Case Crime No. 23 of 2017 under Sections 323, 504, 506 IPC, Police Station Kotwali, District Kanpur Nagar pending before the court of Metropolitan Magistrate-VII, Kanpur Nagar and further to quash the cognizance order dated 19.6.2017 and the non bailable warrant dated 3.4.2018.
It is submitted by learned counsel for the applicant that order of non bailable warrant has been passed against the applicants without service of summons on them.
Learned A.G.A., contended that there is no illegality in the impugned order passed by the learned trial court.
In Criminal Misc. Writ Petition No. 1763 of 2017 (Mayank Mishra and Another Vs. State of U.P. and 2 others), the prayer for quashing the FIR was refused.
The fact whether summon has been served upon the applicants 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.
If applicants file application for recall/bail, the same shall be decided on merit on the same day, considering the fact whether the summon has been served on the applicants or not.
For a period of 60 days from today or till the applicants move application for recall/bail, whichever, is earlier, no coercive action shall be taken against applicants.
With the above directions, this application u/s 482 Cr.P.C., is disposed of. Order Date :- 30.11.2018 Jaswant