Kailash Patel Vs State of U.P. and Another

Court No. - 53

Case :- APPLICATION U/S 482 No. - 21144 of 2018

Applicant :- Kailash Patel Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Meva Lal Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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Applicant claims to be the recorded tenure holder of Plot Nos.530 and 531. It is stated that sale-deeds have been executed by the applicant, in respect of which, no proceedings are pending before the Deputy Director of Consolidation. Submission is that pursuant to the first information report lodged the investigation is pending and, therefore, at this stage there is no justification for the Chief Judicial Magistrate, Varanasi, to issue non-bailable warrant against the applicant.

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Learned counsel for the applicant submits that the applicant shall cooperate in the investigation and undertakes to appear before the police station concerned within a period of two weeks from today.

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From the facts and circumstances, noticed above, this Court prima-facie finds that the applicant has been implicated in this case on the statement of the informant Bal Mukund under Section 161 Cr.P.C. and the dispute otherwise appears to be of civil in nature . In such circumstances, there is no justification for the Chief Judicial Magistrate, Varanasi to issue non bailable warrant against the applicant,when charge-sheet is yet to be filed.

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In view of the above, this petition under Section 482 Cr.P.C. stands disposed of with a direction upon the court concerned not to take any coercive action against the applicant pursuant to the non-bailable warrant issued by the Chief Judicial Magistrate, Varanasi on 28.5.2018 in Case Crime No.790 of 2017 under Sections 420, 467, 468,471 and 120-B IPC, P.S. Cantt. District Varanasi, provided the applicant appears before the Court below and undertakes to extend all cooperation in the investigation.

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Order Date :- 11.6.2018 n.u.

Kailash Patel v. State of U.P. and Another

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Kailash Patel v. State of U.P. and Another

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