Ateek Ahmad vs State Of Uttarakhand And Another

Ravindra Maithani, J

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) has been filed to

quash the Non Bailable Warrants issued against the petitioner and notice issued against the sureties. Further, seeking directions that the bail application

of the applicant may be heard expeditiously in Criminal Case No. 2829 of 2018, State vs. Ateek Ahmad, pending in the Court of Chief Judicial

Magistrate, Dehradun.

Heard learned counsel for the parties and perused the record.

Learned counsel would submit that a direction be issued that the bail application of the petitioner be expedited.

The jurisdiction under Section 482 is exercised to prevent abuse of the process of any Court, but here it appears that the petitioner is abusing the

process of this Court as well as of the court below.

Petitioner is facing trial in the case under Sections 406, 420, 467, 468, 471 and 120-B IPC.

After filing of the charge-sheet the petitioner had earlier challenged the proceedings of the case by way of filing a petition under Section 482 of the

Code, which was Crl. Misc. Application No. 2516 of 2019, Ateek Ahmad vs. State of Uttarakhand and another, (For short, the petition).That petition

was dismissed on 16th November, 2019. It is apparent that petitioner had notice of the pendency of the case since inception. Cognizance was taken by

the Court on 08.06.2018. Undoubtedly, he was aware of the pendency of the case, therefore, he had filed petition to quash the proceedings of the

case. On 30th August, 2019, when he did not appear before the court, Non Bailable Warrant and Notice to securities were ordered to be issued

against him. This order was again issued on subsequent dates but the petitioner did not appear before the court.

There is no illegality in the order dated 30.08.2019 and subsequent orders by which None Bailable Warrant and notice to the securities have been

ordered to be issued because the petitioner has not been appearing in the case.

Therefore, no interference is warranted in this proceedings and the petition deserves to be dismissed.

Since the petitioner has filed the 482 petition twice without any valid reason and has delayed the trial of the case, this petition is liable to be

dismissed with costs which is quantified as Rs.15,000/-.

The petition is dismissed with Rs. 15,000/- costs.

The petitioner is directed to deposit the costs Rs. 15,000/-with High Court Legal Services Committee, Nainital within three weeks from today.

List this petition after three weeks.