Court No. - 1
Case :- APPLICATION U/S 482 No. - 25062 of 2018 Applicant :- Ashok Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rajeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri R.K. Rai, learned counsel the applicant and Sri G.P. Singh, 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 6.4.2017, issued against the applicant in criminal case no.20 of 2013, arising out of case crime no.471 of 2012, u/s 279, 337 IPC, P.S. Sector 39 Noida, district Gautam Buddh Nagar.
Learned counsel for the applicant the matter has been compromised between the parties. He further 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 aforesaid impugned order. The prayer for quashing the impugned order is refused.
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 Gaurav