Court No. - 42
Case :- APPLICATION U/S 482 No. - 5201 of 2018 Applicant :- Baldev Singh Sandhoo And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Sri Ishwar Chandra Tyagi, learned counsel for the applicants and Sri Faheem Ahmad, learned AGA are present.
This is an application under section 482 Cr.P.C. 1973 (in short, Cr.P.C. seeking quashing of the impugned order dated 2.1.2018 against the applicant nos. 1 and 2 and order dated 11.1.2018 against the applicant no. 3 passed by Additional District Judge III, Bijnor in Sessions Trial No. 218 of 2015 (State versus Jitendra and others), arising out of Case crime no. 1266 of 2014 under section 302 IPC, registered at Police Station Kotwali Sahar, District Bijnor. The applicants have also prayed for staying the operation of the impugned order dated 2.1.2018 and 11.1.2018 by Additional District Judge III, Bijnor whereby the non-bailable warrants have been issued against them.
Learned counsel for the applicants submits that applicants have been falsely implicated in this case and they have already been granted bail and applicants had been appearing during the trial in the court concerned. The applicant no. 3 appeared before the trial court on 2.1.2018 and applicant nos. 1 and 2 could not appear and the applicants could not appear on 11.1.2018.
The application has been opposed by Sri Faheem Ahmad, learned AGA for the State. He submits that there is no ground for quashing the impugned orders dated 2.1.2018 and 11.1.2018.
After considering the material available on record and considering the arguments made by learned counsel for the applicants, I find no ground to quash the impugned orders dated 2.1.2018 and 11.1.2018 passed by Additional District Judge III, Bijnor. Hence, the prayer of the applicants for quashing the impugned orders dated 2.1.2018 and 11.1.2018 is declined.
However, in view of the law laid down by Hon'ble Supreme Court in the case titled as 'Lal Kamlendra Pratap Singh versus State of U.P. and others' 2009 Sup AIR (SC) 2178 and judgment of this Court in another case titled as 'Amarawati and another versus State of U.P.' 2004 (57) ALR 290, the applicants are directed to appear and surrender before the learned court concerned within 10 days from today and move an appropriate application. The learned trial court will consider the said application in accordance with law as expeditiously as possible.
However, no coercive steps shall be taken against the applicants in the aforesaid case for a period of 10 days or till the application filed by the applicants is decided, whichever is earlier. In case, the applicants fail to appear before the court concerned within the aforesaid period, the interim order shall stand vacated.
With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.
(Ved Prakash Vaish, J.) Order Date :- 22.2.2018 SU.