Court No. - 24
Case :- APPLICATION U/S 482 No. - 2615 of 2019 Applicant :- Harikesh And 04 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Balbeer Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
The instant application under section 482 Cr.P.C. has been filed for quashing of the non-bailable warrant dated 8.6.2018 passed by learned Additional Sessions Judge-IXth, Firozabad in Sessions Trial No. 522 of 2013 (State of U.P. vs. Vijay Yadav and others) arising out of Case Crime No. 227 of 2013, under Section 364 IPC, police station Sirsaganj, district Firozabad.
Learned counsel for the applicants submitted that due to unavoidable circumstances, the applicants could not appear before the court concerned on the date fixed in the matter i.e. 8.6.2018. Learned counsel for the applicant further submitted that the applicants are undertake to appear before the court concerned and want sometime to surrender before the court below.
Learned AGA has vehemently opposed the submissions made by the learned counsel for the applicants and submitted that the non bailable warrant dated 8.6.2018 has rightly been passed by the learned court below and there is no illegality in the order.
I have heard learned counsel for the applicants and learned AGA and perused the record.
Considering the facts and circumstances of the case, I do not find any merit or the ground to interfere in the order dated 8.6.2018 passed by the learned court below, but in the essence, the learned counsel for the applicants has made limited prayer that the applicants are willing and ready to appear before the court below as directed by this Hon'ble Court.
In view of the facts and circumstances of the case, this application is disposed of with a direction that the applicants shall appear on 4th of February, 20419 before the court along with appropriate application and the same shall be decided expeditiously, preferably within two months from the date a certified copy of this order is produced before it.
Till the disposal of the said application, the non bailable warrant dated 8.6.2018 shall be kept in abeyance in the above mentioned case.
The application U/s 482 Cr.P.C. is disposed of accordingly.
Order Date :- 22.1.2019 Sumaira