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2015 DIGILAW 4056 (ALL)

Om Prakash Gupta v. State of U. P.

2015-12-18

OM PRAKASH VII

body2015
JUDGMENT Om Prakash-VII, J. Vakalatnama on behalf of the opposite party no.2 has been filed by Shri Kuldeep Saxena, Advocate. Let the same be taken on record. 2. The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the order dated 5.10.2015 issuing non-bailable warrant in case no. 5395 of 2011 (361 of 2014) under Section 326 IPC, Police Station, Kokhraj, District - Kaushambi arising out of summoning order pending in the court of Chief Judicial Magistrate, Kaushambi. Further prayer has been made to stay the further proceedings of the complaint case. 3. Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and the learned AGA appearing for the State. 4. 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 applicant did not appear before the court concerned despite service of summon. Issuance of non-bailable warrant is within the jurisdiction of the court concerned. 5. 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. 6. However, it is observed that in case the applicant surrenders and applies for bail within fifteen days from today, the same shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 and affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (3) ADJ 322 (SC). For a period of fifteen days from today, effect and operation of the N.B.W. shall remain in abeyance. 7. It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned. With the above observations, the application stands disposed of.