Court No. - 15
Case :- APPLICATION U/S 482 No. - 25025 of 2018 Applicant :- Puneet And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Adesh Kumar Dixit Counsel for Opposite Party :- G.A.,Satyendra Singh
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Adesh Kumar Dixit, learned counsel for the applicants and Sri Satyendra Singh, learned counsel for the O.P. No.2 and Sri M.P. Singh Gaur, learned A.G.A. for the State.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of N.B.W. and proceeding under Section 82 Cr.P.C. dated 05.06.2018 passed/issued by the learned Judicial Magistrate, Jewar, District Gautam Budh Nagar in Complaint No. 47 of 2016, Jyoti Vs. Puneet and others under Section 406 I.P.C. P.S. Jewar, District Gautam Budh Nagar.
Learned counsel for the applicant stated that he could not know about the case being pending against him because of which warrant under Section 82 Cr.P.C. has been issued.
On the other hand, learned counsel for the O.P. No.2, Satendra Singh has stated that the accused applicants had full knowledge of the case and they deliberately did not appear before court to get themselves bailed out and face trial.
Learned A.G.A. has vehemently opposed the prayer for quashing.
Since the N.B.W. and the process under Section 82 Cr.P.C. are issued by the court below only to procure the attendance of accused for the purpose of trial, there is no justification for quashing the said process. Accordingly, the quashing of the N.B.W. and process under Section 82 Cr.P.C. is refused.
However, in case accused-applicants appear before court below within 30 days from today and move an application for cancellation of the aforesaid process, the court below shall consider the same and pass appropriate order in accordance with law.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 5.9.2018 A. Mandhani