Court No. - 48
Case :- APPLICATION U/S 482 No. - 2367 of 2019 Applicant :- Pankaj And 3ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ranjay Kumar,Achyut Jee Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the entire proceedings arising out summoning order dated 14.2.2013 and the orders dated 18.10.2014 to 5.9.2018 passed by Additional Chief Judicial Magistrate -IInd, Banda in case no. 51/XI/2012 under Sections 406, 419 and 420 IPC, P.S. Kalinjar, District Banda. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicants that applicants had earlier approached this Court invoking jurisdiction u/s 482 CrPC which was disposed of directing the applicants to move discharge application. In compliance of the said order, discharge application was moved by the applicants and same is pending before the Court concerned. It is also submitted that opposite party no.2 has also moved application for withdrawal of the complaint case but no order has been passed on the said application rather the Court below has issued non-bailable warrant against the applicants.
A perusal of the record reveals that the summoning order was passed after recording the statement under Sections 200 and 202 Cr.P.C. of the complainant as well as the witnesses. Non-bailable warrant was issued when the applicants did not appear before the court concerned despite service of summon. Issuance of non-bailable warrant is within the jurisdiction of the court concerned.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.
However, it is observed that in case the applicants surrender and apply for bail within thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, effect and operation of the N.B.W. shall remain in abeyance.
It is made clear that no further time shall be allowed to the applicants to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 21.1.2019 safi