Court No. - 28
Case :- APPLICATION U/S 482 No. - 771 of 2019 Applicant :- Mohd. Umar Khan And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sufia Saba,Abdul Majeed Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application has been filed for quashing the order dated 3.11.2018 passed by the A.C.J.M., Rampur in Case No. 1936 of 2010 (State Vs. Mohd. Umar Khan & Ors.) arising out of Case Crime No. 229 of 2010, under Sections 420, 467, 468, 471, 504, 506 IPC, P.S. Ganj, District Rampur.
It is the contention of the learned counsel for the applicants that challenging the charge-sheet, the applicants had filed Application U/S 482 Cr.P.C. No. 29240 of 2010, which was dismissed due to non appearance of the counsel on 30.10.2017. It is stated that the applicants were not aware that the application under Section 482 was dismissed because his earlier counsel had not informed him about the listing of the case on 30.10.2017. It is contended that thereafter the A.C.J.M., Rampur, has by means of the impugned order dated 3.11.2018, issued bailable warrants against the accused applicants. It is stated that the order is illegal and deserves to be set aside.
Learned A.G.A., on the other hand, has placed the impugned order dated 3.11.2018 and stated that there is no illegality in the order passed.
A perusal of the impugned order dated 3.11.2018 reveals that an application was filed by the O.P. No. 2 for issuance of non bailable warrants against the accused applicants in view of the dismissal of the Application U/S 482 No. 29240 of 2010 on 30.10.2017. After hearing the counsel for the parties and perusing the record, the trial court has proceeded to issue bailable warrants against the accused applicants and had fixed 24.11.2018 as the date. Admittedly, the applicants have not appeared before the court below after their Application U/S 482 No. 29240 of 2010 was dismissed by this Court.
This Court does not find any illegality or infirmity in the order dated 3.11.2018 which was passed by the Magistrate. This application is devoid of merit and is, accordingly, rejected.
Order Date :- 22.1.2019 A. V. Singh (Jayant Banerji,J.)