Court No. - 52
Case :- APPLICATION U/S 482 No. - 6205 of 2018 Applicant :- Shishupal Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohit Behari Mathur Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Mohit Behari Mathur, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing order issuing Non-bailable Warrant dated 18.12.2017 against the applicant in Session Trial No.5 of 1994 (State Versus Raj Kumar) arising out of Case Crime No.679 of 1993 under Section 302 I.P.C., Police Station Civil Lines, District Rampur.
Learned counsel for the applicant submits that the sessions trial is pending since 1994. The applicant was summoned in exercise of powers under Section 319 Cr.P.C. against which the applicant has preferred Criminal Misc. Application No.14399 of 2004. The said application was dismissed for want of prosecution in the year 2011. Learned counsel for the applicant submits that recall application of said order has already been filed which is pending consideration. It is further submitted that stay order granted by this Court on 16.12.2004 was passed after taking into account the fact that there was no cogent reason or evidence based on which the applicant could be summoned under Section 319 Cr.P.C.
The prayer for quashing the order impugned is refused.
Be that as it may, as the recall application is already pending before the court below, it is provided that impugned order dated 18.12.2017 shall remain in abeyance for a period of one month from today. This protection has been provided to the applicant keeping in view the order dated 16.12.2004 passed by this Court.
With the aforesaid observations this application is finally disposed of.
Order Date :- 27.2.2018 MN/-