Court No. - 69
Case :- APPLICATION U/S 482 No. - 36371 of 2019 Applicant :- Munshi Lal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satyaveer Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482, Cr.P.C. has been filed to quash the orders dated 31.3.2015 and 06.08.2019 issuing non-bailable warrant against the applicant passed by learned Additional Chief Judicial Magistrate-IX, Aligarh in Case No.2497 of 2019 (State of U.P. vs. Munshi Lal) arising out of Case Crime No.784 of 2008, under Section 25 Arms Act, Police Station Atrauli, District Aligarh.
Learned counsel for the applicant contended that on 08.11.2008 one Prem Pal lodged a report Case Crime No.393 of 2008 against the applicant that the applicant attempted to kill him. After investigation in Crime No.393 of 2008 final report was submitted on 22.02.2009. In that case a country-made pistol was alleged to have been recovered on the pointing out of the applicant regarding which the police registered the present case and charge sheeted him. Thereafter, cognizance are taken by the court and N.B.W. since 31.3.2015. The applicant was in the impression that final report has been submitted against him and no case has been made out. In the meantime no summon was served upon him nor bailable warrant was executed.
Learned A.G.A. opposed the application and submits that a country-made pistol was recovered on his pointing, case was registered in which he has been charge sheeted and since 31.3.2015 N.B.W. is running against him. He is knowingly avoiding the process.
Considering the facts and circumstances of the case, I do not find any ground to quash the order of non bailable warrant. Accordingly, the prayer for quashing the order of non bailable warrant is hereby refused.
However, 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 :- 30.9.2019 Jitendra