Court No. - 2
Case :- APPLICATION U/S 482 No. - 22549 of 2019 Applicant :- Narendra Singh Pundhir Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vipin Kumar, learned counsel for the applicant and Sri A.M. Mulla, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of impugned N.B.W. order dated 20.04.2019 passed by Judicial Magistrate in Case No. 516 of 2019 arising out of Case Crime No. 84 of 1997 under Sections 198-A U.P.Z.A. and L.R. Act and 3(1)IV of S.C./S.T. Act, Police Station Amanpur, District Kasganj.
The contention of learned counsel for the applicants is that co-accused who were ten in numbers have already been tried by the trial court and have been acquitted in S.T. no. 263 of 2010 vide order dated 26.09.2013, copy of which is annexed from page nos. 30 to 34. Learned counsel for the applicants further stated that the present proceedings against the present accused was stayed by this Court vide order dated 15.05.1998 copy of which is also annexed at page no. 22 of the petition. Learned counsel for the applicant next argued that the applicant could not appear before the trial court due to not having knowledge about the said proceedings and the particular date on which hearing was to be made, hence N.B.W. was issued against the applicants which is prayed to be quashed.
Learned A.G.A. has vehemently opposed the prayer for quashing.
I have seen the record and find that the trial court has rightly issued the N.B.W. as there was no option left to it but to issue N.B.W. against the applicant to procure his attendance.
In view of the above, I find that there is no ground to quash the N.B.W. issued against the applicant and the said prayer is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and apply for bail then his bail application shall be considered and decided in accordance with law. For a period of 30 days from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 11.6.2019 A. Mandhani