Chhote Lal And 6 Others vs State Of U.P. And Another
2015 Latest Caselaw 2633 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 28911 of 2015
 
Applicant :- Chhote Lal And 6 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- K.C. Vishwakarma
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri K. C. Vishwakarma, learned counsel for the applicants, and Sri Vikash Rana, learned A.G.A. appearing for the State, and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the  non-bailable warrant order dated 30.06.2015, passed by the learned Judicial Magistrate-II, Ballia, in Case No. 330 of 2015 (State Vs. Chhote Lal and others), as Case Crime No. 26 of 2015, under Sections 147, 148, 308, 323, 504, 506, IPC, Police Station Bansdeeh Road, District Ballia. He further prayed for stay the non-bailable-warrant dated 30.06.2015 issued against the applicant as well as entire proceeding of the aforesaid case. 

It is contended by the learned counsel for the applicants that applicant have earlier approached this Court by means of filing application under Section 482 Cr.P.C.  No. 13090 of 2015, and this Court vide order dated 13.05.2015 has dismissed the same. A copy of order dated 13.05.2015 provided by the learned cousnsel for the applicant, which is taken on record.

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 applicants 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.

The prayer for quashing the proceedings of the aforesaid case as well as the non-bailable-warrant issued against the applicant, is hereby refused.

However, for a period of two weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance.

However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 24.9.2015

VKG