Court No. - 48
Case :- APPLICATION U/S 482 No. - 6133 of 2018 Applicant :- Raj Kumari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mukesh Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of order dated 9.2.2018 passed by Additional District & Sessions Judge, Court No.2, Aligarh in Criminal Case No.93 of 2013, under Sections-323, 504, 506 IPC and 3 (1) (10) of the S.C./S.T. Act, P.S.-Gandhi Park, District-Aligarh whereby non bailable warrants have been issued against the applicant.
Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
The Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned order is refused.
However, a request has been made that the accused wants to surrender in the court below and to move an application for cancellation of warrants or apply for bail and for that some protective direction may be issued.
In view of the facts and circumstances of the case it is directed that in case the accused surrenders and moves an application for cancellation of warrants or apply for bail within two months from today, the same shall be considered and decided in accordance with law.
No coercive measures shall be taken or given effect to in the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier.
It is made clear that if this order is not availed by the accused within stipulated period of time, no time extension application shall be entertained.
It is further clarified that this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 26.2.2018 Manish Himwan