Court No. - 11
Case :- APPLICATION U/S 482 No. - 42764 of 2018 Applicant :- Govind Prakash Ravi And 5 Others Opposite Party :- State Of U.P. And Anothe Counsel for Applicant :- Amit Rai,Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 29.10.2018 passed by the learned Additional District Judge A/C 3, Gorakhpur in S.T. No. 87 of 2018 (State Vs. Govind Prakash Ravi and others) arising out of case crime no. 45 of 2014, under Sections 498-A, 323, 504, 506, 406, 313 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, district Gorakhpur whereby non bailable warrant has been issued against the applicants.
Learned counsel for the applicants contended that the reasons on account of which the applicants failed to appear before the trial court were beyond his control and the applicants have every intention to appear before the court concerned and participate in the proceedings of the trial.
Learned A.G.A. 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 material 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, the application is disposed of with a direction to the applicants to surrender before the court below within three weeks from today, the same shall be considered and decided in view of the settled law. For a period of three weeks from today, effect and operation of the non bailable warrant issued against the applicants shall be kept in abeyance.
In case of default, the court below will be at liberty to take all the coercive steps against the applicants for ensuring his/her appearance.
With the above observations, the application stands disposed of.
Order Date :- 29.11.2018 Sachdeva