Court No. - 68
Case :- APPLICATION U/S 482 No. - 16912 of 2019 Applicant :- Shamshad Ahmad Opposite Party :- State Of Up And Another Counsel for Applicant :- Shamasul Eslam Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. in opposition and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Code') has been filed on behalf of the applicant with a prayer to quash the summoning order dated 24.08.2011 as well as order dated 24.08.2011 issuing non-bailable warrant against the applicant in Case No.1904 of 2016 (Pramoda Vs. Ramesh), under Sections 419, 467, 468, 471 I.P.C., Police Station- Ubhaon, District Ballia, pending in the court of Judicial Magistrate-Ist, Ballia.
It is contended by learned counsel for the applicant that applicant is scriber of alleged will deed. No offence is made out against the applicant. Applicant was not aware about the proceedings of case, as such, he could not appear before the trial court. As per version of complaint, will deed was executed in the name of co-accused by playing fraud after death of father of opposite party no.2, Pramoda Devi. Accordingly, no offence is made out against the applicant.
Per contra, learned A.G.A. has opposed the prayer made and contention thereof raised by learned counsel for the applicant and submitted that material on record is sufficient for justifying initiation of proceedings and passing of the impugned summoning order and N.B.W. order by the court below.
Impugned order has been challenged at a very belated stage, whether proceeding of the trial court was known to the applicant or not, cannot be decided by this Court in exercise of its extraordinary jurisdiction under Section 482 of the Code.
Accordingly, the prayer for quashing the summoning order as well as order issuing non-bailable warrant is refused.
All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
Considering the facts and circumstances of the case, it is directed that in case the applicant surrenders before the court below and apply for bail, his bail application shall be considered and decided by the courts below, expeditiously.
With the aforesaid observations/directions, the instant application stands
disposed of.
Order Date :- 30.4.2019 Radhika