Court No. - 49
Case :- APPLICATION U/S 482 No. - 28816 of 2018 Applicant :- Deepak Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present application u/s 482 has been filed to quash the order dated 7.7.2018 passed by Additional Sessions Judge, court no.5, Ghaziabad in S.T. No. 276 of 2018 (State Vs. Deepak Giri), arises out of Case Crime No. 103 of 2017, under Sections 302, 201, 34, 120B I.P.C., P.S. Niwari, District Ghaziabad, pending before Additional Session Judge, Court no. 5, Ghaziabad.
Learned counsel for the applicant submits that while the applicant had been enlarged on bail and he was participating in the trial but he could not appear on two dates i.e. 6.7.2018 and 7.7.2018 for reasons of the externment order passed against him by the A.D.M. (Administration), Ghaziabad. While the applicant had filed an appeal against that order, no interim order was passed in his favour.
It is however made clear that in view of the fact that non- bailable warrant has been issued by the judicial order, the applicant shall be permitted to appear before the court below and the same shall not be construed as violation of that externment order for that limited purpose.
The N.B.W. order dated 7.7.2018 is hereby set-aside and applicant is permitted to appear before the learned court below and claim proper exemption.
With the aforesaid observation, the present application is disposed of.
Order Date :- 21.8.2018 Prakhar