Court No. - 49
Case :- APPLICATION U/S 482 No. - 38070 of 2018 Applicant :- Chhedi And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Heard Shri Ravindra Prakash Srivastava, learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. challenging the order dated 10.01.2013 as well as order dated 03.08.2018 passed by learned Chief Judicial Magistrate, Siddharth Nagar, whereby non bailable warrants were issued against the applicants in Criminal Case No. 2496 of 2017 (State Vs. Chhedi and others) arising out of N.C.R. No. 63 of 2006, under Sections 323, 504, 506 I.P.C.
Learned counsel for the applicants submits that the applicants were not aware about the pendency of the present case. He also submits that the charge sheet was submitted on 09.03.2007 and cognizance was taken on 24.05.2007.
Learned counsel for the applicants also submits that pursuance to the order dated 24.05.2007, the applicants appeared before the trial Court and the applicants were released on bail. He also submits that the applicants went to Ghaziabad for doing work in a private company and could not come back, the applicants approached their local counsel in the second week of September, 2018 and came to know that non bailable warrants were issued against the applicants.
Learned counsel for the applicants also submits that the applicants shall appear before the trial Court within a period of 15 days from today.
Learned A.G.A. has opposed the application by submitting that the applicants were not appearing before the trial Court and, therefore, non bailable warrants were issued.
I have carefully considered the submissions made by learned counsel for applicants as well as learned A.G.A. for the State. I have also gone through the material available on record.
In view of the facts and circumstances of the case and the fact that the applicants have not appeared before the trial Court since 2013 and non bailable warrants have already been issued against the applicants, there is no ground for quashing the orders dated 10.01.2013 and 03.08.2018. Accordingly, request for quashing the orders dated 10.01.2013 and 03.08.2018 is declined.
However, the applicants are directed to appear and surrender before the learned court concerned within 15 days from today in the aforementioned case and move an appropriate application for bail. The learned trial court will consider the said application in accordance with law as expeditiously as possible. No coercive steps shall be taken against the applicants in the aforesaid case for a period of 15 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 :- 27.11.2018 M/A.