Application under Section 482 Cr.P.C. to quash proceedings and a non-bailable warrant was dismissed by the High Court, holding that no misuse of process or miscarriage of justice was shown.
Application under Section 482 Cr.P.C. dismissed; no quashing of proceedings or warrant.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 5047 of 2020
Applicant :- Rajpal And 7 Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Deepak Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Anil Kumar Bind, Advocate holding brief of Sri Deepak Kumar Yadav, learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the further proceeding of Special Case No.2210 of 2019 and Criminal Case No.24 of 2012 (State Vs. Rajpal and others) under Sections 147, 323, 504, 506 I.P.C. and Section 3(i)x S.C./S.T. Act, P.S. B.B. Nagar, District Bulandshahar pending in the court of Special Judge, S.C./S.T. Act (P.A.) Act, Bulandshahar and also be pleased to quash the non-bailable warrant dated 22.01.2020.
Learned counsel for applicants very fairly conceeded that applicants filed an Application U/s 482 Cr.P.C. No.9180 of 2013 (copy provided which is taken on record) in which order for no coercive was passed on 15.3.2013 but now the Special Judge, S.C./S.T. Act has issued process of non-bailable warrant against applicants; that applicants are ready to surrender before trial court and seek bail and may be given protection of no coercive for a month.
Per contra, learned A.G.A. submits that applicants in their application U/s 482 Cr.P.C. has concealed the fact of filing of earlier application U/s 482 Cr.P.C.; that order passed in earlier application U/s 482 Cr.P.C. dated 15.3.2013 appears to have not been extended; that there is no incorrectness in the impugned order.
Upon hearing learned counsel for the parties and perusal of record, I have come to the conclusion that learned counsel for the applicants has failed to show any illegality, irregularity, incorrectness or impropriety in the impugned order issuing non-bailable warrant dated 22.1.2020 and there is no abuse of process of court or likelihood of miscarriage of justice for prevention of which the exercise of inherent powers by this Court is required. The application is devoid of merits and is liable to be dismissed.
The application u/s 482 Cr.P.C. is dismissed accordingly.
Order Date :- 14.2.2020 Kpy
3 provisions across 3 enactments
Rajpal And 7 Ors.
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
