Court No. - 51
Case :- APPLICATION U/S 482 No. - 32003 of 2019 Applicant :- Mukari Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
The present 482 application has been filed for quashing the order dated 2.7.2019 passed by learned Session Judge, Shamli at Kairana in S. T. No. 1542 of 2015 arising out of Case Crime No. 353 of 2014, U/s 302, 393 IPC, P.S. Jhinjhana, District Shamli.
The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.
However the fact remains that the non-bailable warrants were issued on 27.8.2018 against the applicant and since then the applicant has been absconding.
All the submission made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only a prima facie case is to be seen.
The prayer for quashing the order impugned is refused.
However, it is provided that if the applicant surrenders and applies for bail before the court below within a period of three weeks' from today, the same shall be considered in accordance with law.
With the aforesaid directions, this application is disposed off.
Order Date :- 26.8.2019 Kuldeep