Court No. - 49
Case :- APPLICATION U/S 482 No. - 29158 of 2018 Applicant :- Mohammad Ali And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Krishna Kumar Patel Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 02.07.2018 passed by Additional Sessions Judge-I, Moradabad in C.N.R. No. UPM001-000117-2001, S.T. No. 12/2001 (State Vs. Rahis, Babu etc.), in Case Crime No. 159/2000, under Sections 366, 376, 506 I.P.C., Police Station Thakurdwara, District Moradabad.
Learned counsel for the applicants submits that earlier the applicants had been granted bail by the competent court and thereafter he could not appear before the trial court. Another co-accused had challenge the summoning under Section 319 Cr.P.C., before this Court. Initially, the proceedings and the trial had been stayed. However, those proceedings have revived upon the challenge raised by the co-accused, dismissed by this Court.
In such circumstances, non-bailable warrants have been issued against them. He further submits that the reasons on account of which the applicants failed to appear before the trial court were beyond their control and that the applicants have every intention to appear before the court concerned and participate in the trial.
Considered the submissions made by the learned counsel for the applicants and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the direction:
(i) the applicants shall move an application to cancel the non-bailable warrant issued against them before the court below within three weeks from today along with the certified copy of this order;
(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non-bailable warrant issued against the applicants or to direct the applicants to file fresh bail bonds within a further period of one week, thereafter;
(iii) for a period of 45 days from today, non-bailable warrant issued against the applicants shall be kept in abeyance.
In the event of failure, on part of the applicants to act within time as directed above, the Court below may adopt all coercive measures to ensure their appearance.
Order Date :- 24.8.2018 Prakhar