Court No. - 41
Case :- APPLICATION U/S 482 No. - 12480 of 2015
Applicant :- Dhiresh Singh
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ashutosh Srivastava
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant; the learned A.G.A. for the State and
perused the record.
The instant application has been filed seeking quashing of the order dated
13.04.2010 passed by the Additional Civil Judge/Judicial Magistrate, Tilhar,
Shahjahanpur whereby the court below has rejected the final report and has
summoned the applicant under Sections 420, 467, 468, 506 I.P.C. in
connection with Case Crime No. 544 of 2005, P.S. Tilhar, district
Shajahanpur. The applicant has also challenged the non-bailalbe warrant
issued against him on 25.05.2012.
The submission of the learned counsel for the applicant is that the Court while
taking cognizance on the final report has also considered the protest petition
and, therefore, the cognizance on the final report is not legally justified in
view of the settled procedure that either the Magistrate should take
cognizance on the police report or on the protest petition by treating the same
as a complaint after following the complaint case procedure.
I have carefully perused the order 13.04.2010.
A perusal of the order reveals that the Magistrate took cognizance on the basis
of the material available in the case diary. In view of the above, the prayer of
the applicant to quash the order dated 13.04.2010 cannot be accepted.
So far as the prayer of the applicant to quash the non-bailable warrant dated
25.05.2012 is concerned, the same cannot also be accepted because the
applicant had admittedly remained absent from the proceeding despite having
been summoned by the court below.
In view of the above, the application is dismissed with liberty to the applicant
to surrender before the court concerned and apply for bail, within two weeks
from today and in the event, he does so, the same shall be considered in
accordance with law.
Order Date :- 7.5.2015
Sunil Kr Tiwari
Neutral Citation No. - 2015:AHC:64413