Court No. - 21
Case :- APPLICATION U/S 482 No. - 32789 of 2018 Applicant :- Shareef Opposite Party :- State Of Up And Another Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The instant application under section 482 of the Code of Criminal Procedure has been filed for quashing of the non bailable warrant issued by learned ACJM-II, Agra against the applicant in Case No. 449 of 2004 (State Vs. Arif and others) under section 307 IPC and 3(2)(5) of SC/ST Act, P.S. Mantola District Agra (Case Crime No. 78A of 2003), pending in the court of ACJM-II, Agra.
Learned counsel for the applicant contended that opposite party no.2 lodged a first information report in Case Crime No. 78A of 2003, under sections 147, 148, 307, 336, 436, 427, 452 IPC, P.S. Mantola, District Agra. He further contended that in the FIR there is no allegation against the applicant. After investigation charge-sheet was submitted against co-accused Sanu, Juber Ahmad, Nadim and Naseeruddin on 25.11.2003 and cognizance has been taken on 15.01.2004. Thereafter further investigation was conducted in the matter and against the applicant chargesheet was also submitted on 15.04.2004. He further contended that during trial vide order 24.06.2013 co- accused Sanu, Juber Ahmad,Nadeemand Naseeruddin have been acquitted by the learned Special Judge (SC/ST Act), Agra and due to non appearance of the applicant non bailable warrant has been issued against the applicant. The applicant undertakes that he will appear before the court below as directed by this Court.
Learned Additional Government Advocate opposed the contentions raised on behalf of the applicant.
Considering the facts and circumstances of the case and in the interest of justice, the applicant is directed to appear before the court below on 24.09.2018 along with an appropriate application and the same shall be disposed of expeditiously, if possible, on the same day. Till then the non bailable warrant issued against the applicant shall be kept in abeyance.
With the aforesaid directions, the application stands disposed of.
Order Date :- 18.9.2018 Prajapati [Chandra Dhari Singh, J]