Court No. - 27
Case :- APPLICATION U/S 482 No. - 30900 of 2019 Applicant :- Prem Shankar And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Archana Kumari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the entire proceeding of Complaint Case No. 56 of 2019 (Surendra Kumar vs. Prem Shankar and others), under Sections 323, 504, 506, 392 I.P.C., Police Station Jhunsi, District Allahabad pending in the Court of Additional Chief Judicial Magistrate, Court No.5, Allahbad as well as summoning order dated 28.02.2019, Bailable Warrant dated 25.03.2019 and Non-Bailable Warrant dated 15.04.2019. Further prayer has been made to stay the further proceedings of the aforesaid complaint case.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
A perusal of the record reveals that the summoning order was passed in accordance with law. Non-bailable warrant was issued when the applicant 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.
At this stage, learned counsel for the applicant prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.
Hence, it is directed that in case the applicant surrenders and applies for bail within 30 days from today, the same shall be considered and decided in view of the settled law. For a period of 30 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 applicant to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 22.8.2019 Ashok Gupta