Najakat Hussain vs Fareed Ahmad on 2 February, 2017

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Uttarakhand High Court

Najakat Hussain vs Fareed Ahmad on 2 February, 2017

Bench: U.C. Dhyani

 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

     Criminal Misc. Application (C482) No.154 of 2017

Najakat Hussain
                                                 ......Applicant
                         Versus

Fareed Ahmad
                                             .......Respondent

Mr. Abhishek Verma, Advocate for the applicant

U.C. Dhyani, J. (Oral)

By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the order dated 15.12.2016 passed by Ist Additional Civil Judge (J.D.)/Judicial Magistrate, Kashipur in Criminal Case no.2591 of 2014 under Sections 420, 467, 468 and 471 of IPC.

Heard learned counsel for the applicant and perused the documents brought on record.

Learned counsel for the applicant confined his prayer only to the extent that some time be granted to the applicant to surrender before the court concerned and, in the meanwhile, non-bailable warrant and the process under Sections 82 & 83 Cr.P.C. issued against the applicant may be kept in abeyance. It was further prayed that the court below be directed to decide the bail application of the applicant as early as possible, subject to his surrender.

It is a criminal complaint case in which the applicant has been summoned to face the trial for the offence punishable under Sections 420, 467, 468 and 471 of IPC.

Considering the grounds taken up in the petition and the allegations leveled against the applicant, this Court feels that the innocuous prayer made by learned counsel for the applicant is worth accepting. It is provided that four weeks' time is granted to the applicant to surrender before the Magistrate concerned, whereafter he will be dealt with in accordance with law, and in the meanwhile, non- bailable warrant, as also the proclamation under Sections 82 & 83 Cr.P.C. against the applicant shall be kept in abeyance. It is further provided that if the applicant surrenders before the Magistrate concerned within the stipulated period and seeks bail, his bail application shall be decided by the Magistrate concerned as expeditiously as possible without unreasonable delay, inasmuch as the co-accused has been granted bail on the very same day when he surrendered before the Magistrate concerned.

With the observations as above, the application under Section 482 Cr.P.C. is, summarily, disposed of at the threshold.

Urgency application IA No.701 of 2017 stands disposed of accordingly.

(U.C. Dhyani, J.) Vacation Judge 02.02.2017 Rajni

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Uttarakhand High Court