Court No. - 49
Case :- APPLICATION U/S 482 No. - 1862 of 2019 Applicant :- Munshi Rajbhar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bharat Singh Pankaj Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicants and learned Additional Government Advocate representing the State.
By means of this application under Section 482 Cr.P.C., the applicants have prayed for quashing of the order dated 21.5.2018 passed by the learned Judicial Magistrate, Ghazipur issuing non-bailable warrants against the applicants in Criminal Case No. 269A of 2014, under Sections 147, 323, 504, 506 IPC, PS Mardah, district Ghazipur pending in the Court of Judicial Magistrate, Ghazipur.
Learned counsel for the applicants submits that the impugned order is not sustainable in the eye of law and deserves to be set aside. He further submits that the FIR was lodged on the basis of false frivolous allegations.
Per contra, learned Additional Government Advocate submitted that the order issuing non-bailable warrants does not suffer from any illegality.
Admittedly, order sheets of the lower court show that the applicants are not appearing before the court concerned and avoiding judicial process. Moreover, learned counsel for the applicants have not been able to demonstrate before this Court as to why the applicants have not attended the court concerned.
Having considered the submissions of the parties and looking into the conduct of the applicants in the lower court, I find no good ground to interfere with the order of lower court issuing non-bailable warrants.
Accordingly, this application is rejected.
However, it is provided that if the applicants appear before the court concerned within one month from today and apply for bail, their prayer for bail shall be heard and disposed of as early as possible in accordance with law.
Order Date :- 25.1.2019 Ishrat