High Court of Judicature at Allahabad
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Deepak Kumar v. State Of U.P. - APPLICATION U/s 482 No. 16385 of 2006  RD-AH 20893 (12 December 2006)
Hon'ble Vijay Kumar Verma, J.
Heard Sri Shravan Kumar Mishra, learned counsel for the applicant and learned A.G.A. and also perused the record.
Having heard the applicant, the complaint in case crime No. 90A/2004 under Sections 323, 353, 504, 506 I.P.C., Police Station Khaga District Fatehpur (State versus Deepak Kumar) under Section 392 I.P.C. in which final report was submitted by the I.O. and when notice was issued to the applicant, he did not appear in the court below but the court below has issued non-bailable warrant against him while order dated 10.11.2006, which has been challenged in this case under Section 462 Cr.P.C.
Having heard the parties' counsel, I am of the considered view that the impugned order passed by the court below is highly illegal. In case, the applicant was not coming to Court to file objections against the final report, then the warrant cannot be issued and the final report could be accepted or some other order could be passed after going through the case diary but the Court below acted beyond its jurisdiction while issuing non-bailable warrant against the complainant.
Therefore, the impugned order dated 10.12.2006 passed by the Judicial Magistrate (Junior Division), Khaga, District Fatehpur in FI.R. case No. 11 of 2005 (State versus Deepak Kumar) under Sections 323, 353, 504, 506 I.P.C., Police Station Khaga District Fatehpur is hereby quashed.
This case is finally decided accordingly.
Yachna/Crl. Misc. App. No. 16385/06
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