WASEEM HAIDER Vs. STATE OF U.P.

JUDGEMENT

(1.) These two petitions i.e. Crl. Misc. Case Nos.644 of 2016 and 5543 of 2015 under Section 482 Cr.P.C. have been filed with prayer for quashing of proceedings pending before learned Chief Judicial Magistrate, Ambedkar Nagar in Case No.2996 of 2015, summoning order dated 04.11.2015, charge-sheet dated 23.10.2015 and FIR dated 11.05.2015 registered as Case Crime No.0171 of 2015 at Police Station Akbarpur, District Ambedkar Nagar under Sections 419, 420, 467, 468, 471, 504, 506 IPC.

(2.) The third petition i.e. Crl. Misc. Case No.2132 of 2019 under Section 482 Cr.P.C. has been filed by Jayanti Goyal, the complainant challenging the order dated 18.02.2019 passed by the trial Court on her application for issuing process/ non bailable warrant against the accused-persons in the light of the judgment of Supreme Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd and another Vs. Central Bureau of Investigation, (2018) 16 SCC 299.

(3.) The trial Court had rejected the said application relying on the order of the Supreme Court in the case of Sapna Arora verus State of Punjab and said that since interim order passed on 10.02.2016 by this Court in favour of the accused has not been vacated, process/non bailable warrants cannot be issued against them.