Court No. - 1
Case :- APPLICATION U/S 482 No. - 25053 of 2018 Applicant :- Lalaram Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Adil Khan Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Learned counsel the applicant is permitted to make necessary correction in the prayer of the present petition.
Heard Sri Adil Khan, learned counsel the applicant and Sri Irshad Hussain, learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C. petition has been filed for quashing the non-bailable warrant order dated 19.5.2018 issued by Addl. Sessions Judge/F.T.C. (ii) Amroha as S.S.T. No.156 of 2017 arising out of case crime no.2 of 2017 u/s 3(1) U.P. Gangsters Act, P.S. Didoli, district Amroha (J.P. Nagar).
Learned counsel for the applicant contended that the applicant has already been granted bail in a case u/s 2/3 U.P. Gangsters Act but he could not appear before the trial court and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.
After having heard the learned counsel for the applicants and perused the impugned order as well as the materials brought on record, I do not find any justification for quashing the aforesaid impugned order. The prayer for quashing the impugned order is refused.
However, without expressing any opinion on the merits of the case, I dispose of this application with a direction that the applicant shall surrender before the court below within two weeks from today.
For a period of two weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance.
In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicant for ensuring his appearance before it.
With the aforesaid directions, this 482 application is finally disposed of.
Order Date :- 25.7.2018 Gaurav