Court No. - 52
Case :- APPLICATION U/S 482 No. - 6714 of 2018 Applicant :- Sudhir Kumar Jain And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitendra Pratap Shahi,Akhilesh Chandra Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Jitendra Pratap Shahi and Sri Akhilesh Chandra Shukla, learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing Non-Bailable Warrant dated 8.1.2018 passed by Chief Judicial Magistrate, Baghpat in Case No.1647 of 2017 arising out of Case Crime No.132 of 2017 under Sections 323, 452, 354-B, 376/511, 504 and 506 I.P.C., P.S.
Baraut, District Baghpat.
In view of the directions given to the court below in Criminal Misc. Application No.137 of 2018 by order dated 7.2.2018, the applicants were directed to appear before the Chief Judicial Magistrate, Baghpat within one month from the date of that order and get themselves bailed out in accordance with provisions of law and only after their appearance before the court below, the Chief Judicial Magistrate, Baghpat shall commit the case to the court of sessions.
Since the applicants did not subject themselves to the custody of the court, the court had no other option but to reject the application for recalling non- bailable warrant dated 8.1.2018 by an order dated 9.2.2018.
In the light of aforesaid, I do not find any illegality or irregularity in the order impugned.
The application under Section 482 Cr.P.C. is bereft of merit and is, accordingly, dismissed.
Order Date :- 28.2.2018 MN/-