Court No. - 38
Case :- APPLICATION U/S 482 No. - 3415 of 2019 Applicant :- Rizwan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd Imran Khan Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
The instant application under section 482 Cr.P.C. has been filed for quashing the N.B.W. order dated 17.2.2018 passed by the ACJM, Rampur in Case No. 3774 of 2012 under Sections 323, 427, 504, 506 IPC relating to P.S. Swar, District Rampur pending in the court of ACJM, Rampur.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. Lastly, the counsel for the applicant submits that the applicant undertakes to appear before the court below on or before 6.2.2019 and prayed that till then the non-bailable warrant order issued against the applicant may be kept in abeyance.
Considering the facts and circumstances of the case, I do not find any ground to quash the non-bailable warrant dated 17.2.2018 passed in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, in the interest of justice, it is provided that if the applicant appears and moves an application before the court below on or before 6.2.2019, the said application of the applicant shall be considered and decided, expeditiously, preferably on the same day, in accordance with law. The N.B.W. order dated 17.02.2018 passed by Additional Chief Judicial Magistrate, Rampur shall be kept in abeyance till 6.2.2019.
Present application is disposed of, accordingly.
Order Date :- 25.1.2019 Shekhar