Court No. - 48
Case :- APPLICATION U/S 482 No. - 7646 of 2019 Applicant :- Sunil Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings as well as non-bailable warrant order dated 24.1.2019 passed in complaint case no.14311/9 of 2017 under Sections 452, 504, 506 IPC, P.S. Kotwali Nagar, District Muzaffar Nagar pending in the Court of Addl. Civil Judge (S.D.), Court No.1, Muzaffar Nagar. Further prayer has been made to stay the effect and operation of aforesaid order.
Learned counsel for the applicant contended that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.
Learned A.G.A. appearing for the State opposed the prayer.
Non-bailable warrant was issued when the applicant did not appear before the court concerned despite service of summon. Issuance of non-bailable warrant is within the jurisdiction of the court concerned.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicant. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.
At this stage, learned counsel for the applicant prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.
Hence, it is directed that in case the applicant surrenders before the court below and applies for bail within 30 days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, effect and operation of non-bailable warrant issued against the applicant shall be kept in abeyance.
In case of default, the Court below will be at liberty to take all coercive steps against the applicant for ensuring his appearance.
With the aforesaid observations, the application is disposed of.
Order Date :- 28.2.2019 ss