Court No. - 1
Case :- APPLICATION U/S 482 No. - 38486 of 2018 Applicant :- Ganesh And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjai Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Sanjai Kumar Pandey, learned counsel for the applicants and Sri Ajeet Ray, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 403/2012, under Sections 147, 323, 452 I.P.C., P.S. Mishrauliya, district Siddharth Nagar pending before the concerned courts below as well as the order dated 8.1.2018 including the non bailable warrant dated 1.09.2018 issued in the present case.
Learned counsel for the applicants contended that the reasons on account of which the applicants failed to appear before the trial court were beyond their control and the applicants have every intention to appear before the court concerned and participate in the proceedings of the trial.
After having heard the learned counsel for the applicants and perused the impugned order as well as the materials brought on record, I do not find any justification for quashing the order dated 01.09.2018.
However, without expressing any opinion on the merits of the case, I dispose of this application with a direction that the applicants 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 applicants 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 applicants for ensuring his appearance before it.
With the aforesaid directions, this 482 application is finally disposed of.
Order Date :- 26.10.2018 Anand Verma