Court No. - 74
Case :- APPLICATION U/S 482 No. - 47270 of 2019 Applicant :- Harish And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants as well as learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the non-bailable warrant dated 04.12.2019 issued by Additional Session Judge-X, Aligarh in Special Trial No. 571 of 2017, under Sections 302, 307 IPC arising out of Case Crime no. 279 of 2016, Police Station Akrabad, District Aligarh pending in the court of Additional District & Sessions Judge-X, Aligarh.
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 AGA 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 materials 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, without expressing any opinion on the merits of the case, the application is disposed of with a direction to the applicants to surrender before the court below within 30 days from today. For a period of 30 days from today, effect and operation of 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 coercive steps against the applicants for ensuring his/ her appearance.
With the aforesaid observations, the application is disposed of.
Order Date :- 20.12.2019 Sanjeet