Court No. - 48
Case :- APPLICATION U/S 482 No. - 1888 of 2019 Applicant :- Aftab Ansari @ Meera Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet order dated 30.03.2007 issuing Non Bailable Warrant dated 20.11.2018 in Criminal Case No. 2241 of 2014, under Sections 147, 132, 452, 186, 427, 353 IPC and Section 7 Criminal Law Amendment Act and 384 Prevention of Public Property Damages Act, Police Station Mehandawal, District Sant Kabir Nagar.
Learned counsel for the applicant contended that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.
Learned A.G.A. appearing for the State opposed the prayer.
Having regard to the facts and circumstances of the case, after perusing the impugned order as well as the material brought on record and having considered the submissions made by the learned counsel for the parties, I do not find any good ground to quash the impugned order. The prayer made in the application is refused.
However, the applicant is directed to surrender before the court below within 30 days from today. For a period of 30 days from today, effect and operation of non-bailable warrant issued against the applicant shall be kept in abeyance.
In case of default, the Court below will be at liberty to take all coercive steps against the applicant for ensuring his appearance.
With the aforesaid observations, the application is disposed of. Order Date :- 29.1.2019 Sanjeet