Court No. - 64
Case :- APPLICATION U/S 482 No. - 17061 of 2019 Applicant :- Jitendra And 6 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- A.K.Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
The applicants claim that they were on bail but during the course of proceedings of the trial, they went away for earning their livelihood and due to non- communication about the date fixed in trial proceedings, they could not appear before the court concerned as a result of which, Non-Bailable Warrant has been issued against the applicants. The learned counsel for the applicants submit that the applicants have not deliberately and intentionally avoided the proceedings before the trial court. Learned counsel for the applicants also submit that the applicants are ready to furnish an undertaking that they will not repeat the such mistake again in future and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceedings.
Also heard the learned A.G.A.
At this stage, the claim raised in this case can be raised before the court of first instance by way of moving appropriate application. Therefore, the applicant is required to move appropriate application before the court concerned and the court concerned shall after applying its judicial mind and giving opportunity of hearing to both the sides pass speaking order thereon. It is expected that till disposal or three weeks' from today as above, whichever is earlier, no coercive action shall be taken against the applicants provided the applicants appear before the lower court within ten days from today.
In view of above, this application is finally disposed off.
Order Date :- 29.4.2019 Raj