Court No. - 49
Case :- APPLICATION U/S 482 No. - 14507 of 2018
Applicant :- Vijay Rani @ Rania
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Rajesh Tewari,Jai Prakash Rai
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Sri Ashwini Kumar, Advocate has filed his Vakalatnama on behalf of the opposite party no.2 today, which is taken on record.
Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State as also perused the record.
The present 482 Cr.P.C. application has been filed to recall the non bailable warrant dated 12.02.2018 issued by the Judicial Magistrate, Court No.1, Varanasi in Case Crime No. 252 of 2010, under Sections 419, 420, 467, 468, 471, 120B IPC, Police Station- Lanka, District- Varanasi.
Learned counsel for the applicant submits that the applicant had no knowledge of the order dated 12.03.2014 passed by this Court in Application U/s 482 Cr.P.C. No. 5195 of 2012, by which the aforesaid application was dismissed. Relying on the order-sheet of the learned court below, a copy of which has been annexed with the present applicant, it has been submitted that upon the order dated 12.03.2014 being passed by this Court, summons do not appear to have been issued to the applicant for a very long time and the applicant had first gained knowledge of the proceeding only upon issuance of non bailable warrant against her.
Sri Ashwini Kumar, learned counsel appearing on behalf of the opposite party no.2 opposed the submission of learned counsel for the applicant and submits that the applicant was aware of the proceeding.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the entire proceeding of the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 30 days and no more from today and applies 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 Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 27.4.2018 Lbm/-