Court No. - 15
Case :- APPLICATION U/S 482 No. - 27257 of 2018 Applicant :- Smt. Ranjeesh Niranjan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Narendra Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Narendra Kumar Sharma, learned counsel for the applicant and Sri Prashant Kumar, learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of Complaint Case No. 357 of 2016 (Sonia Diwakar Vs. Vinod Patel and others, under Sections 420, 323, 504 and 506 IPC, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, P.S. Kotwali Orai, District Jalaun at Orai and also the summoning order dated 8.9.2017 including the non-bailable warrants.
Learned counsel for the applicant contended that the accused-applicant is Principal of Tej Pratap Ashirwad Inter-college, who has been falsely implicated in the present case. Her role is assigned of abusing and giving threat to life. No other offence is made out against her on the basis of evidence recorded by the court below. The non-bailable warrant has been issued against her despite the fact that no summon was served upon her and she had no knowledge that any such case was proceeding against her.
Learned A.G.A. has vehemently opposed the prayer for quashing.
In view of above, looking to the fact that there was sufficient evidence to proceed against her and warrant has been issued against her because she was not appearing and just to procure her attendance, the same was issued, hence the prayer for quashing the non bailable warrant is refused.
However, it is directed that if the accused-applicant appears before the trial court within 30 days and moves an application for recalling the non bailable warrant, the lower court shall pass an appropriate order in accordance with law on the same.
With the aforesaid direction, application u/s 482 Cr.P.C. is disposed of.
Order Date :- 5.9.2018 A.P. Pandey