Court No. - 42
Case :- APPLICATION U/S 482 No. - 38090 of 2018 Applicant :- Murari Lal Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijai Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
As prayed, learned counsel for the applicant is permitted to make necessary correction in the prayer clause of this application during the course of the day.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material brought on record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of charge sheet dated 12.10.2017 as well as cognizance taken by the court below on 15.11.2017 and issuing non bailable warrant against the applicant on 21.2.2018 in Case No.11179 of 2017 (State vs. Ravindra Nishad), arising out of Case Crime No.433 of 2017, under Sections-392 and 411 I.P.C., Police Station - Shahpur, District - Gorakhpur pending before Additional Chief Judicial Magistrate- III, Gorakhpur.
Applicant claims that earlier in this case, he was on bail, however, due to personal engagement and work pertaining to his livelihood, he could not appear before the court concerned. He did not absented himself deliberately from the proceeding of the court.
At this juncture, promise has been made by the learned counsel for the applicants that the applicant wishes to participate in the proceedings, if one last chance is given to him. He further promises that the applicant will always cooperate with the ongoing proceedings and will not occasion any delay on his part.
Considered the submissions so raised and particularly the fact of non-appearance of the applicant, whereafter, I am of the view that the applicant should be given one last opportunity to participate in the ongoing proceedings as per the promise made by him before this Court that he will participate in the proceedings and he will not occasion any delay in disposal of this case.
In view of above, the relief sought by way of quashment of the proceedings is refused.
For the reasons stated herein above, applicant is directed to appear before the concerned court to participate in the proceedings of the case in answer to the non-bailable warrant. It is further directed that the applicant may move an appropriate application within a month before the court concerned and if any such application is moved, the court shall consider the same on its merit and shall pass an appropriate order as required under law once the accused is ready to participate in the proceeding of the case.
For a period of 30 days or till appearance of the applicant in court, whichever is earlier, effect and operation of the non-bailable warrant issued against the applicant, shall remain in abeyance.
In case, the applicant does not appears/surrenders before the court concerned within the aforesaid period, this order will be of no avail to him and the court below shall be free to proceed further with the case in accordance with law.
With the above direction, the instant application under Section 482 Cr.P.C. is disposed of.
Order Date :- 26.10.2018 S Rawat