Court No. - 64
Case :- APPLICATION U/S 482 No. - 20670 of 2019 Applicant :- Shri Gopal And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Mashaluddin Shah Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicants have sought for quashment of the non-bailable warrant order dated 18.04.2019 passed by the Judicial Magistrate-I, Mainpuri, in Criminal Complaint Case No.3095 of 2016 Soni Vs. Shri Gopal, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Karhal, District Mainpuri.
Learned counsel for the applicants has submitted that during course of the trial, the proceeding about the case had not been in the knowledge of the applicants, due to which they could not appear before the court concerned. In the meanwhile, non-bailable warrant has been issued against them. The applicants promise that they will appear and participate in the proceeding before the court below if the one last opportunity is given to them.
Learned A.G.A. has no objection provided the applicant appears before the court below.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, no good ground is made out for quashment of the impugned order. Accordingly, the prayer for quashment of the impugned order is refused.
However, it is provided that in case the applicants move an appropriate application before the court below with the undertaking that they will participate in the proceeding and they shall not occasion delay in disposal of the case then the court below will allow them to participate in the proceeding.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 30.5.2019 rkg