Court No. - 21
Case :- APPLICATION U/S 482 No. - 32831 of 2018 Applicant :- Shambhu Pasi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 5879 of 2017 [State Vs. Shambhu Pasi] as well as cognizance order dated 23.12.2017 and Non- Bailable Warrant dated 2.6.2018 passed by Chief Judicial Magistrate-, Kaushambi arising out of the impugned charge sheet dated 7.11.2017 submitted in Case Crime No. 278 of 2016, under Sections 279, 337, 338, 304, 506 I.P.C. Police Station Mahewaghat, District Kaushambi with a further prayer to stay the proceedings of aforesaid case.
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. He pointed out certain documents in support of his contention. Lastly the counsel for the applicant submitted that the applicant undertakes to appear before the court below on 03.10.2018 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 02.06.2018 passed in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
Accordingly, the present application is disposed of.
However, in the interest of justice, it is provided that if the applicant appears and moves an application before the court below on 03.10.2018, 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 02.06.2018 passed by Chief Judicial Magistrate, Kaushambi shall be kept in abeyance till 03.10.2018.
Order Date :- 18.9.2018 Shekhar [Chandra Dhari Singh, J.]