Court No. - 73
Case :- APPLICATION U/S 482 No. - 35788 of 2019 Applicant :- Yogesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shyam Murari Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Learned counsel for the applicant is permitted to make necessary correction in the memo of application.
The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the order dated 22.9.2018 issuing non-bailable warrant in case no. 5828/9 of 2013 (Aman Vs. Brajpal and another), under Section 456 IPC, Police Station Khatauli, District Muzaffar Nagar arising out of summoning order dated 18.8.2014 pending in the court of Civil Judge (Senior Division)-I, Muzaffar nagar. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
A perusal of the record reveals that the summoning order was passed after recording the statement under Sections 200 and 202 Cr.P.C. of the complainant as well as the witnesses. Non- bailable warrant was issued when the applicants 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 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. There is no infirmity or illegality in the said order. The prayer made in the application is refused.
However, it is observed that in case the applicants surrender and apply for bail within thirty 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 the N.B.W. issued in the matter shall remain in abeyance.
It is made clear that no further time shall be allowed to the applicants to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 27.9.2019 Sachdeva