Hamid Ali @ Kalua vs State Of U.P. And Another
2018 Latest Caselaw 2229 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- APPLICATION U/S 482 No. - 29867 of 2018
 

 
Applicant :- Hamid Ali @ Kalua
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Amit Rai,Vikas Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble J.J. Munir,J.

Heard the learned counsel for the applicant and the learned AGA appearing for the State.

The applicant had earlier filed an application under Section 482 seeking to quash the charge sheet giving rise to proceedings of Criminal Case No.1931 of 2008 (State Vs. Bramhanand Sharma & Ors.) arising out of Case Crime No.1058 of 2017, under Sections 409, 120B IPC, PS Hapur Nagar, District Hapur.

It was provided that in case the applicant surrenders before the court and applies for bail within two week from the date of the order, the same shall be considered and decided in accordance with law. It was further provided that during the period of days provided to surrender no coercive measures shall be taken against the applicant. The applicant chose not to avail the said order. Now faced with non-bailable warrants of arrest issued vide order dated 11.04.2018 by the Chief Judicial Magistrate in the same case he has approached this Court seeking to quash the said warrants. The impugned order issuing warrants is only a processual order which is not being challenged on substantive ground. The applicant having not availed the earlier concession granted, is not entitled to invoke jurisdiction of this Court again under Section 482 CrPC merely to seek a concession.

This application fails and is dismissed.

Order Date :- 29.8.2018

Shahroz