Court No. - 85
Case :- APPLICATION U/S 482 No. - 27600 of 2021 Applicant :- Mustafa And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under section 482 Cr.P.C. has been filed for quashing the orders dated 4.2.2020 and 12.2.2021 passed by the Additional Session Judge, Court No. 12, Muzaffar Nagar in S.T. No. 434 of 2013 (State Vs. Raju and others) arising out Case Crime No. 178 of 2012, under section 147, 148, 307 IPC, P.S. Shahpur, District Muzaffar Nagar. By the impugned order the learned trial court has issued non bailable warrant against applicant nos. 1 and 2.
From perusal of the order-sheet it appears that the applicants could not appear before the court below during trial at evidence stage and non bailable warrant has been issued against the applicants by the order dated 4.2.2021. On the next date also the accused were absent, hence, order for issuance of warrant was repeated.
Learned counsel for the applicants submits that accused- applicants are willing to appear before the court below but submits that some protection be granted to them.
It is evident from perusal of the order-sheet that at the stage of evidence accused-applicants absented themselves. No application for exemption was also moved on their behalf. Hence, there was no option before the court below but to issue non bailable warrant against them. So there is no illegality or infirmity in the impugned order. Applicants-accused may appear before the trial court and move proper application as per legal advise. The application lacks merit and is liable to be dismissed.
Accordingly, the application U/s 482 Cr.P.C. is dismissed.
Order Date :- 22.12.2021 Masarrat