Court No. - 86
Case :- APPLICATION U/S 482 No. - 46663 of 2019 Applicant :- Mazim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mashaluddin Shah Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the impugned non-bailable warrant order dated 27.09.2019 passed by learned A.C.J.M. 1st, Firozabad in case No.3418 of 2010 (State Vs. Supar Salar and others), case crime no.c-7/2003, under Sections 323, 504 I.P.C., Police Station Rasulpur, District Firozabad pending before the court of A.C.J.M. 1st, Firozabad.
Learned counsel for the applicant submits that the applicant was appearing in the case but due to illness he could not appear and order of non-bailable warrant has been issued against him. His absence was not deliberate or wilful. He may be permitted to appear in the case.
On perusal of the order sheet it appears that on the margin of the order sheet dated 20.07.2016 and 20.09.2016 signature of Mazim has been made but in the order sheet his presence has not been mentioned. Thereafter he did not appear before the court.
In view of the order sheet, the case of quashing the order dated 27.09.2019 is not made out. Accordingly, the prayer for quashing the order of non-bailable warrant is hereby refused.
However, considering his earlier appearance on the dates noted above and the ground taken, it is provided that if the applicant appears and surrenders before the court below within 20 days from today and applies for bail, then the bail application of the applicant be considered and decided expeditiously, if possible on the same day in accordance with law.
With the aforesaid directions, this application is disposed of.
Order Date :- 18.12.2019/-MAA/-