Court No. - 49
Case :- APPLICATION U/S 482 No. - 6312 of 2018 Applicant :- Santosh Chaudhary Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Kirshna Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the Non Bailable Warrant dated 05.01.2018 in Criminal Cae No. 133 of 2011, under Sections- 406, 420, 504, 506 I.P.C., Police Station- Pakari, District-Ballia.
Earlier, the applicant had approach this Court by filing an Application 482 Cr.P.C. No. 13806 of 2016, which was disposed of vide order dated 04.05.2016 with the following direction:
"From a perusal of the material available on record and keeping in view of the facts of the case, at this stage it cannot be said that offences levelled against the applicant are not made out. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr. P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the Hon'ble Supreme Court in the cases of R. P. Kapur Vs. State of Punjab A.I.R. 1960 S.C. 866; State of Haryana Vs. Bhajan Lal 1992 SCC (Cr.) 426; State of Bihar Vs. P. P. Sharma 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para 10) 2005 SCC (Cr.) 283. The prayer made in the application is refused.
However, applicant is hereby directed to surrender before the court below within a period of 15 days from today. For a period of fifteen days from today, non-bailable warrant issued against the applicant shall be kept in abeyance.
With the above observations, the application stands disposed of."
Learned counsel for the applicant states that the applicant could not comply with the order due to unavoidable circumstances.
In view of the aforesaid, the present application is dismissed.
Order Date :- 23.2.2018 Lbm/-