Smt. Kalpana Singh Gaur vs State Of U.P. & Another
2017 Latest Caselaw 3205 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 24205 of 2017
 

 
Applicant :- Smt. Kalpana Singh Gaur
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Ray Sahab Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This application under Section 482, Cr.P.C. has been filed to quash the entire proceeding and impugned order dated 19.4.2017 passed by learned  A.C.J.M. IInd, Jhansi,  in Case No. 2158 of 2014, under Sections 138 N.I. Act, P.S. Nawabad District Jhansi by which the non-bailable warrant has been issued against the applicant.

Learned counsel for the applicant contended that the applicant has not committed the alleged offence.  In this case the applicant was on bail and could not appear before the court concerned due to which N.B.W. has been issued against the applicant vide order dated 19.4.2017. The applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.

Considering the facts and circumstances of the case, I do not find any ground to quash the proceeding of the aforementioned case as well as order of non bailable warrant dated 19.4.2017. Accordingly, the prayer for quashing the same is hereby refused.

However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant be considered and decided expeditiously, if possible on the same day in accordance with law.

With the aforesaid directions, this application is disposed of.

Order Date :- 11.8.2017

Gss