Dismissed

Rizvan v. State of U.P. and Another

Allahabad HC6 Feb 2020A482/4949/2020

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash non-bailable warrant issued against applicant due to non-appearance. Court found procedure valid as investigation was pending and name emerged later. Prayer for quashing refused with directions to apply for bail within 30 days.

What did the court decide?

Application for quashing non-bailable warrant refused; appellant directed to surrender and apply for bail within 30 days.

Rizvan Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2020)

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 4949 of 2020

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Applicant :- Rizvan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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

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The present application under Section 482 Cr.P.C. has been filed for quashing the N.B.W. passed by learned Additional Civil Judge (SD) Court No. 3 Meerut, State vs. Rizvan, in case crime no. 548 of 2018 under section 395, 342, 120-B I.P.C. police station Parikshitgarh District Meerut, pending in the court of learned Additional Civil Judge (SD), Court No. 3, Meerut.

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It is contended by learned counsel for the applicant that the applicant is not named in the first information report. The F.I.R. was lodged against unknown. During investigation the name of applicant came into light in the statement of co-accused. In this case charge sheet has been submitted against co-accused Islamuddeen @ Ishlu, Nafees, Gulbahar, Gulshad, Jumma under section 395, 342, 120-B I.P.C. The investigation is going on against the applicant and the I.O. has moved an application for non bailable warrant against the applicant which was allowed by the court concerned vide order dated 16.12.2019. It has been further submitted that the applicant has no concerned with the alleged incident and there is no cogent evidence against the applicant except the confessional statement of coaccused.

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On the other hand, learned A.G.A. argued that the investigation is going on against the applicant. The applicant had not appeared or surrendered due to which I.O. has obtained non bailable warrant from the court concerned. The name of applicant came into light during investigation therefore, there is no illegality or irregularity in the impugned order dated 16.12.2019 and this application is liable to be dismissed and there is no ground to quash the N.B.W. issued against the applicant.

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A perusal of record shows that the name of applicant came into light during investigating. The investigation is going on against

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the applicant. Due to non appearance of the applicant non bailable warrant has been issued on the prayer of Investigating Officer.

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Considering the facts and circumstances of the case, I don't find any ground to quash the non bailable warrant passed by learned Additional Civil Judge (SD) Court No. 3 Meerut in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.

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However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law.

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

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Order Date :- 6.2.2020 Gss

Rizvan v. State of U.P. and Another

Case brief

What is this about?

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Rizvan v. State of U.P. and Another

Case brief

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