Court No. - 64
Case :- APPLICATION U/S 482 No. - 17074 of 2019 Applicant :- Surya Prakash Sonkar @ T.L. Sonkar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Seema Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,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 order dated 15.2.2019 by which the N.B.W. has been issued against the applicant in complaint case no. 1942 of 2017, P.S. Cant, under Sections 498, 323 I.P.C. and 3/4 D.P. Act, District Varanasi (Ganga Devi vs. Surya Prakash), pending in the court of Chief Judicial Magistrate 9, Varanasi.
Contention is that in this case, the jurisdictional point has not been disposed of, although a direction was issued by this Court previously on 4.12.2018 in Application under Section-482 No.43536 of 2018. Copy whereof is annexure no.4 to the affidavit filed in support of this application.
I have heard the learned A.G.A. on this point.
Challenge is to the order impugned, whereby the applicant has been directed by the court below to participate in the proceeding of the case on ground that basic challenge was to the non-bailable warrant and this Court while exercising power under Section - 482 did not find any merit in the contention raised before it, therefore did not interfere in the non-bailable warrant meaning thereby that the warrant stands and the applicant is required to participate in the proceeding and in case he participates, he can press for disposal of his application dated 29.9.2018, challenging the point of jurisdiction.
Therefore, the applicant is required to participate in the proceeding and there was no previous order of this Court giving any direction for staying proceeding of this case. No observation need be made, at this juncture.
Applicant is required to participate in the case and then to press his application on point of jurisdiction and in case, the applicant participates in proceeding, the court below shall without incurring any delay within 15 days' time dispose of the application dated 29.9.2018.
With the aforesaid observations, this application is finally disposed of. Observation made shall have no bearing on the merit of the case.
Order Date :- 30.4.2019 S Rawat