Court No. - 81
Case :- APPLICATION U/S 482 No. - 46534 of 2019 Applicant :- Smt. Sahista Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the applicant Shri Deepak Kumar and in opposition, Shri Amit Kumar Singh, learned A.G.A. for the State and perused the record.
This application under Section 482 of Cr.P.C. has been moved on behalf of the applicant with a prayer to quash the charge-sheet dated 03.02.2014, the cognizance order dated 26.05.2014 and the order of N.B.W. dated 20.07.2015 passed by Judicial Magistrate (S.D.) IInd, Bijnor, in Case No. 156 of 2014 (State v. Sagir Ahmad and others), under Sections 420, 467, 468, 506 of I.P.C., Police Station - Sherkot, District - Bijnor.
The prayer for quashing the charge-sheet as well as the cognisance order is not being pressed. However, the order of N.B.W. dated 20.07.2015 issued against the applicant is prayed to be quashed.
I have gone through the F.I.R. as well as perused the material on record and find that charge-sheet has been submitted in this case after investigation. The case is pending before the trial court and because of non- appearance of the applicant, N.B.W. was issued against him, hence, there is no justification to quash the same.
In view of above, prayer of quashing as made above is hereby refused.
However, in the interest of justice, 30 days' time is allowed to the applicant to appear before the court below and move an application for recall of the N.B.W. If such an application is moved, the same shall be decided in accordance with law. If the said application is rejected and a bail application is moved by the applicant, the same shall be disposed of in accordance with law.
For a period of 30 days from today, no coercive measure shall be adopted against the applicant, but if she does not appear within that period, coercive steps shall be taken.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 17.12.2019 I. Batabyal