Court No. - 54
Case :- APPLICATION U/S 482 No. - 21162 of 2019 Applicant :- Rajesh Dubey And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lok Nath Shukla Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicants and learned AGA. on behalf of the State and perused the record.
The instant application has been filed by the applicants with a prayer to quash the proceeding of Case No.869 of 2016 (State Vs. Rajesh) as well as to quash the order dated 18.1.2019 whereby bailable warrant has been passed by the learned Additional Chief Judicial Magistrate (Senior Division-II), Jaunpur against the applicants in Case Crime no.590 of 2012, under Sections 224, 225, 353, 147, 504 IPC, P.S. Machhali Shahar, District Jaunpur.
It is submitted by the learned counsel for the applicants that pursuant to the FIR lodged by the opposite party no.2 on 24.9.2012 against the applicants along with four persons. After investigation, the charge sheet has been submitted on 20.11.2012 under Sections 224, 225, 353, 147, 504 IPC against three persons including the applicants whereupon the court below has taken cognizance on 5.12.2012. Thereafter bailable warrant has been issued against the applicants on 18.1.2019. The applicants are now ready to appear before the court concerned and undertake to cooperate with the trial proceeding hence some protection may be granted.
Learned A.G.A. has opposed the prayer by contending that bailable warrant issued against the applicants does not suffer from any illegality or vulnerability. The applicants have protracted the trial proceeding which is pending since 2012, therefore, they do not deserve any leniency.
Taking note of the submissions made by the learned counsel for the applicants as well as having perused the material placed on record, the impugned order does not suffer from manifest illegality, irregularity or perversity hence requires no interference by this Court. In the result, the prayer for quashing the order impugned is refused. The petition lacks any merit hence dismissed.
However, it is provided that the applicants shall appear/surrender before the court concerned within fifteen days from today who may move application for bail before the court below which shall be decided expeditiously in accordance with law.
Order Date :- 29.5.2019 M. Tariq