Court No. - 47
Case :- APPLICATION U/S 482 No. - 33925 of 2018 Applicant :- Ishtkar Opposite Party :- State Of Up And Another Counsel for Applicant :- Rajesh Kumar Singh,Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A. for State.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the impugned orders dated 12.10.2015 and 01.09.2018 issuing non-bailable warrant and process under Section 82 Cr.P.C. respectively in Sessions Trial No. 341/2015 (State Vs. Gayyur & another), Case Crime No. 203/2014 under Section 307 I.P.C. & Section 3/5/8 Cow Slaughter Act & Section -11 Animal Cruelty (Prevention) Act, Police Station- Biharigarh, District Saharanpur.
Learned counsel for the applicant contended that due to non appearance of applicant before the trial court, non-bailable warrant and process under Section 82 Cr.P.C. have been issued against him.
Non-bailable warrant and process under Section 82 Cr.P.C. have been issued against the applicant on 12.10.2015 & 01.09.2018 respectively due to his non appearance before the court. Accordingly, I find no illegality in the impugned order passed by the courts below.
In view of above, the prayer for quashing the impugned orders in the aforesaid case is refused.
However, it is directed that in case the applicant appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided expeditiously.
It is provided that for a period of 30 days from today, no coercive action shall be taken against the applicant.
With the above directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 26.10.2018 Sharad/-