Court No. - 49
Case :- APPLICATION U/S 482 No. - 6301 of 2018
Applicant :- Smt Suman Devi
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Preet Pal Singh Rathore
Counsel for Opposite Party :- G.A.,Anant Ram Dube
Hon'ble Saumitra Dayal Singh,J.
A counter affidavit filed today, is taken on record.
Heard Sri Preet Pal Singh Rathore, learned counsel for the applicant, Sri Anant Ram Dube, learnred counsel for the opposite party no.2 and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the Non Bailable Warrant dated 20.01.2018 in Criminal Case No. 975 of 2013 arising out of Case Crime No. 179 of 2012, under Sections- 419, 420, 467, 471, 406, 120B I.P.C., Police Station- Barsathi, District- Jaunpur pending before the Judicial Magistrate-I, Jaunpur.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within 30 days and no more from today and apply for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days and no more, from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of. Order Date :- 27.2.2018 Lbm/-