Court No. - 1
Case :- APPLICATION U/S 482 No. - 24902 of 2018 Applicant :- Nairun Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Rajesh Kumar Chaudhary, learned counsel for 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 dated 21.06.2018 issued A.C.J.M., Ist, District Basti in Case No. 1460 of 2011(State vs. Tinki and others), arising out of Case Crime No. 316 of 2008 under Sections 363, 366 I.P.C., police station Parasurampur, District Basti.
Learned counsel for the applicant contended that the reasons on account of which the applicant failed to appear before the trial court were beyond her control 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 applicant and perused the impugned order as well as the materials brought on record, I do not find any justification for quashing the impugned non bailable warrant dated 21.06.2018.
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 three weeks from today.
For a period of three 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 her appearance before it.
With the aforesaid directions, this 482 application is finally disposed of.
Order Date :- 25.7.2018 Ashok Gupta