Court No. - 15
Case :- APPLICATION U/S 482 No. - 27248 of 2018
Applicant :- Vishambhar Singh
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ajay Kumar, leared counsel for the applicant and Sri Prashant Kumar, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of non bailable warrants dated 5.3.2018 as well as entire proceeding in Complaint Case No. 267 of 2017 (Smt. Reshma Vs. Vishambhar and others), under Sections 498-A, 323, 506 IPC and Section 4 of the Dowry Prohibition Act, Police Station Ahmadgarh, District Bulandshahar.
Learned counsel for the applicant has prayed for quashing of the order dated 5.3.2018, whereby the trial court has issued non-bailable warrant against the applicant. It is contended by the learned counsel for the applicant that accused-applicant could not appear before the court below only on one day, as a result of which, non-bailable warrant has been issued against him. The applicant had moved an application for recalling the same, but the same was rejected on 15.2.2018 without reasonable cause.
Learned A.G.A. has vehemently opposed the prayer for quashing on the non-bailable warrant as well as entire proceedings of complaint case.
In view of above, no infirmity is found in the impugned order since the non-bailable warrant is issued to procure the attendance of the accused to face trial.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604, State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings is refused.
However, It is directed that, if the accused-applicant appears before the court below and move an application for recalling the non-bailable warrant, the court concerned shall pass order in accordance with law on the same.
With the above direction, writ petition is disposed of.
Order Date :- 5.9.2018
A.P. Pandey