Court No. - 74
Case :- APPLICATION U/S 482 No. - 43449 of 2019 Applicant :- Bharat Bhushar Kundra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramanand Gupta Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants 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 proceeding of Case No. 2438 of 2018 arising out of Case Crime No. 0099 of 2019, under Sections 498-A, 323, 506, 494 IPC and Section 3/4 D.P. Act and Section 66 I.T. Act, Police Station Mahila Thana, District Ghaziabad pending in the court of ACJM 8th, Ghaziabad.
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 AGA 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 materials 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, without expressing any opinion on the merits of the case, the application is disposed of with a direction to the applicant to surrender before the court below within fifteen days from today. For a period of fifteen 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/ her appearance.
With the aforesaid observations, the application is disposed of. Order Date :- 28.11.2019 Sanjeet