Court No. - 54
Case :- APPLICATION U/S 482 No. - 21173 of 2019 Applicant :- Shaukat Ali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raj Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and learned AGA. on behalf of the State and perused the record.
The instant application has been filed by the applicant with a prayer to quash the entire proceeding of Case No.138 of 2014 (State Vs. Shaukat Ali) arising out of case crime no.321 of 2014, under Sections 177,192,196,181,207 of Motor Vehicle Act, P.S. Maharajganj, District Jaunpur as well as the order dated 7.5.2019 passed by the learned Special Judicial Magistrate-II, Jaunpur whereby non-bailable warrant has been issued against the applicant.
It is submitted by the learned counsel for the applicant that due to village parti-bandi, the applicant has been prosecuted in the aforesaid case. Due to unavoidable circumstances, the applicant could not appear before the court concerned, hence non-bailable warrant has been issued against him. The applicant is now ready to appear before the court concerned and undertake to cooperate with the trial proceeding hence some protection may be granted.
Learned A.G.A. has opposed the prayer by contending that non-bailable warrant issued against the applicant does not suffer from any illegality or vulnerability. Therefore, the applicant does not deserve any leniency.
Taking note of the submissions made by the learned counsel for the applicant as well as having perused the material placed on record, the impugned order does not suffer from manifest illegality, irregularity or perversity hence requires no interference by this Court. In the result, the prayer for quashing the order impugned is refused. The petition lacks any merit hence dismissed.
However, it is provided that the applicant shall appear/surrender before the court concerned within two weeks who may move application for bail which shall be decided expeditiously in accordance with law.
During the said period, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 29.5.2019 M. Tariq