Court No. - 73
Case :- APPLICATION U/S 482 No. - 16194 of 2019 Applicant :- Rahul And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Roshan Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
This application has been filed to quash the NBW dated 15.03.2019 passed by Additional Chief Judicial Magistrate, Court No. 7, Meerut in Case No. 55 of 2018 (State Vs. Rahul) arising out of Case Crime No. 55 of 2018 under Sections 425, 323, 354-A, 354-B, 504 & 506 IPC, Police Station Hastinapur, District Meerut.
Heard learned counsel for the applicants and learned AGA for the State and perused the record.
Learned counsel for the applicants has argued that the impugned order is against the facts and law. A false case was lodged against the applicant. It was argued that learned trial court has not considered the matter in accordance with law and has issued the NBW aginst the applicants in routine manner.
Learned AGA has argued that impugned order is in accordance with law and there is no illegality or irregularity of the same.
The perusal of the record shows that after submission of the charge sheet, summons were issued against the applicant-accused and thereafter, bailable warrant Rs. 5,000/- were issued and after that NBWs were issued against the applicants. Prima facie, no illegality or irregularity could be pointed out in the impugned order by which NBWs were issued against the applicants. It is well settled that powers under Section 482 have to exercised cautiously and sparingly.
In view of these facts, inherent power under Section 482 Cr.P.C. cannot be invoked to quash or stay non-bailable warrants. Application u/s 482 is rejected. However, learned lower court is directed that if the applicants surrender within a period of one month from today and apply for bail, their bail application shall be decided expeditiously in accordance with law.
Order Date :- 25.4.2019 Mohit Kushwaha