HASAN AKHTAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Kamal Kumar Kesherwani, learned counsel for the applicant, learned A.G.A. for the State-respondent and perused material on record.

(2.) This application u/s 482 Cr.P.C. has been filed with the prayer to quash the impugned non-bailable warrant order dated 11.06.2019 as well as entire proceedings in Criminal Complaint Case No. 378 of 2019, (Talat Nabi vs. Hasan Mohammad and others), under Sections 323, 504 and 506 of IPC, pending in the Court of IIIrd Additional Chief Judicial Magistrate, Amroha.

(3.) It has been argued by the learned counsel for the applicant that a false and baseless complaint was lodged by opposite party no.2 against the applicant and others. It was submitted that the dispute relates to the property and the complaint filed by opposite party no.2 is concocted. No prima facie case is made out against the applicant. The applicant and co-accused have appeared before the court below, however, on some fixed dates, the applicant, who is aged about 70 years, could not appear before the court and non-bailable warrants were issued against him. It was submitted that impugned order dated 11.06.2019, by which non-bailable warrants have been issued against the applicant, is illegal and arbitrary and thus, applicant must be granted some interim protection to appear before the trial court.