Court No. - 1
Case :- APPLICATION U/S 482 No. - 25075 of 2018 Applicant :- Anil Kumar Rai Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kundan Kumar,Rakhi Kumari Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Kundan Kumar, learned counsel the applicant and Sri Irshad Hussain, learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C. petition has been filed for quashing the non- bailable warrant order dated 01.06.2018 passed by A.C.J.M., Ghazipur in case no. 2490 of 2008 (State Vs. Anil Rai) under Sections 323, 504 & 506 of I.P.C., Police Station Jamania, District Ghazipur.
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.
After having heard the learned counsel for the applicant and perused the impugned order as well as the materials brought on record, I do not find any justification for quashing the non bailable warrant dated 01.06.2018 However, without expressing any opinion on the merits of the case, I dispose of this application with a direction that the applicant shall surrender before the court below within three weeks from today.
For a period of three weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance.
In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicant for ensuring his appearance before it.
With the aforesaid directions, this 482 application is finally disposed of.
Order Date :- 25.7.2018 Ashok Gupta