Court No. - 86
Case :- APPLICATION U/S 482 No. - 14146 of 2021 Applicant :- Ummed And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Som Veer Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the non-bailable warrant dated 9.12.2020 passed by learned Judicial Magistrate, Chhata, Mathura in Criminal Case No. 5516/IX/2013 arising out of Case Crime No. 403M/2012 under Section 147, 148, 149, 323, 392, 120-B I.P.C. P.S.- Kosi Kala, District- Mathura pending before learned Judicial Magistrate, Chhata, Mathura with an alternative prayer to stay the further proceedings of the above mentioned case.
From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie cognizable case is made out against the applicant. All the submission made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CR.P.C.
I have heard learned counsel for the applicant and learned AGA. and have gone through the materials available on record carefully and I do not find any substance in the arguments advanced by learned Counsel for the applicant.
No interference is required by this Court.
Needless to state that in the eventuality of surrendering and moving bail application by the applicant before competent Court of Jurisdiction, the Court below shall decide the same as expeditiously as possible in accordance with law, considering all aspects of the matter.
However, it is made clear that this Court has not expressed any opinion on the merits of the case and the competent Court below is to act, in accordance with law.
This application stands disposed off accordingly.
Order Date :- 13.8.2021//Fhd.