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2015 Supreme(All) 3245

OM PRAKASH VII
Om Prakash Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Mohd Naushad.
For the Respondents: G.A.

JUDGMENT

Om Prakash-VII, J.

Vakalatnama on behalf of the opposite party no.2 has been filed by Shri Kuldeep Saxena, Advocate. Let the same be taken on record.

2. The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the order dated 5.10.2015 issuing non-bailable warrant in case no. 5395 of 2011 (361 of 2014) under Section 326 IPC, Police Station, Kokhraj, District - Kaushambi arising out of summoning order pending in the court of Chief Judicial Magistrate, Kaushambi. Further prayer has been made to stay the further proceedings of the complaint case.

3. Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and the learned AGA appearing for the State.

4. A perusal of the record reveals that the summoning order was passed after recording the statement under Sections 200 and 202 Cr.P.C. of the complainant as well as the witnesses. Non-bailable warrant was issued when the applicant did not appear before the court concerned despite service of summon. Issuance of non-bailable warrant is within the jurisdiction of the court concerned.

5. Having regard to the facts and circumstances of the case and having consider




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