DEEPAK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) VIJAY Kumar Verma, J. Heard SriShravan Kumar Mishra,learned Counsel for the applicant and also perused the record.

(2.) FROM the record it transpires that the applicant, Deepak Kumar had lodged an F. I. R. at P. S. Khaga, where a case under Section 332, 353, 504, 506, I. P. C. was registered at case crime No. 90/2004 against Ashok Kumar Singh. After investigation final report was submitted in the said case on the basis of that final report, F. R. case No. 11/2005 State versus Deepak Kumar was registered in the Court of Judicial Magistrate, Khaga, District Fatehpur and notice was issued to the applicant to appear and file objections if any against the said final report. It appears that when the applicant did not appear in the Court below, non- bailable warrant has been issued against him by an order dated 10-11-2006 by Sri Prahlad Tandon, Judicial Magistrate, Khaga. This order has been challenged in this proceedings under Section 482/cr. P. C. by the applicant.

(3.) HAVING heard the learned Counsel for the parties, I find much force in the aforesaid submissions made by the learned Counsel for the applicant and I entirely agree with his contention that non-bailable warrant could not be issued against the applicant due to non-appearance in F. R. case No. 11/05.