The applicant moved this court to quash the charge sheet and non-bailable warrant in an IPC case and seek recall of the lower court's warrant order. The applicant submitted that the criminal investigation was not implicated in the jurisdiction, leading the court to decline entertaining the prayer.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 13014 of 2021
Applicant :- Istikhar Ahmad Alias Babu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harikesh Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Shri Harikesh, learned counsel for the applicant and Ms. Rachna Tiwari, learned AGA appearing for the State Opposite party.
The present application under section 482 Cr.P.C. has been filed seeking to quash charge sheet dated 17.9.2015 as well as non bailable warrant dated 1.3.2021 issued by Judicial Magistrate, Pilibhit under section 406, 504, 506 IPC, Police Station Amariya, District Pilibhit arising out of Case Crime No. 520 of 2015.
Counsel for the applicant, at the very outset, has fairly submitted that in the facts of the present case the necessary ingredients for invocation of section 482 Cr.P.C. are not made out and accordingly, he does not wish to press the prayers in the application. The reliefs thus sought in the application are not entertained.
Counsel for the applicants states that the applicant would submit to the jurisdiction of the court below and seek recall of the order dated 1.3.2021 in terms of which non-bailable warrant has been issued.
Needless to say that in case any such application is moved by the applicant, the court below would be expected to pass appropriate order thereon in accordance with the settled principles of law.
The application stands disposed of accordingly .
Order Date :- 11.8.2021 Kirti
(Dr. Y.K. Srivastava, J)
Istikhar Ahmad Alias Babu
State of U.P.
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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