Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37257 of 2018 Petitioner :- Yogesh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Birendra Singh,Hari Kant Shukla Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the non-bailable warrant dated 27.9.2018 and process u/S 82(2) Cr.P.C. dated 23.10.208 issued by the learned Vth Additional Chief Judicial Magistrate, Jaunpur in Case Crime No.186 of 2018, under Sections 419,420,467,468,471 IPC and Section 60/63 of U.P. Excise Duty/Excise Act, P.S. Badlapur, District Jaunpur.
It is submitted by the learned counsel for the petitioner that the petitioner has maliciously been prosecuted by the respondent no.4 on account of false allegations made in the FIR. The petitioner did not have any concern with the alleged crime. The petitioner was not aware about the lodging of the FIR against him. The investigating officer has got issued non-bailable warrant against the petitioner on the basis of statement of the co-accused persons. Now the police authorities have taken stringent action against the petitioner pursuant to the non-bailable warrant dated 27.9.2018 and process u/S 82(2) Cr.P.C. dated 23.10.2018 issued by the learned Vth Additional Chief Judicial Magistrate, Jaunpur.
It is further submitted that the petitioner is ready to appear before the court below, hence some protection may be granted to the petitioner.
Per contra learned A.G..A contended that the petitioner has already approached this Court by way of filing Criminal Misc. Writ Petition No.21109 of 2018 and by order dated 6.8.2018 the another Bench of this Court dismissed the petition. The petitioner did not appear before the court below and has absconded. Under the pressing circumstances, the court below was left with no option, except to issue non-bailable warrant and attachment proceeding against the petitioner. Therefore, the petitioner does not deserve any indulgence.
Having considered the submissions of the learned counsel for the parties, we do not find any cogent and convincing reason to quash the impugned orders. The petition lacks any merit and is accordingly dismissed.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
Order Date :- 19.12.2018 M. Tariq