Court No. - 78
Case :- APPLICATION U/S 482 No. - 42715 of 2019 Applicant :- Karan Sharma @ Dharmendra Sharma Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ramesh Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for applicant, learned A.G.A. for State and perused the record.
This application under Section 482 Cr.P.C. has been filed by applicant to quash the non bailable warrant dated 22.08.2016 and entire criminal proceedings of Criminal Case No. 67/2015 (C.N.R. No. UPGBO-1013229-2015) State Vs. Karana Sharma & others, under Section 2/3 U.P. Gangster Act, P.S.-Sector 49 Noida, District- Gautam Budh Nagar in Case Crime No. 446/2014.
Learned counsel for applicant submitted that the applicant has been falsely implicated in this case. During the trial of the case, he could not appear before the court below on 22.08.2016 and non bailable warrant has been issued against him. His non appearance was bonafide and not intentional.
From the perusal of material on the record and looking into the matter of the case, at this stage it cannot be said that no offence is disclosed against the applicant. Due to non appearance before the trial court order to issue non bailable warrant was passed on 22.08.2016. It cannot be said that the order has been passed illegally.
In view of above, the prayer for quashing the non bailable warrant and entire criminal proceeding in the aforesaid case against the applicant is hereby refused.
However, in the facts and circumstances of the case, if applicant appears and surrenders before the court below concerned within thirty days from today and applies his bail application, the same shall be decided expeditiously in accordance with law.
For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observation, the application is finally disposed of. Order Date :- 26.11.2019 Sharad/-