Court No. - 49
Case :- APPLICATION U/S 482 No. - 42700 of 2018 Applicant :- Naveen And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bindeshwari Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Present Shri Bindeshwari Prasad Mishra, Advocate for the applicant and Shri Sanjay Sharma, learned AGA for the State.
This application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 12.09.2011 in the proceedings of Criminal Case No. 687/2017 (State Vs. Naveen and Others) and non-bailable warrants dated 02.08.2017 issued by the learned Additional Chief Judicial Magistrate, Mathura in Case Crime No. 145 of 2011 under sections 332, 353, 506 IPC and section 7 Criminal Law Amendment Act, Police Station - Nauhjil, District - Mathura.
Learned counsel for the applicants submits that the applicants could not appear before the learned trial court because of death of counsel for the applicants and therefore, non-bailable warrants were issued against the applicants. Learned counsel for the applicants submits that applicants are ready to appear and move an appropriate application for cancellation of non-bailable warrants before the trial court.
Prayer for quashing the charge sheet dated 12.09.2011 and the order dated 02.08.2018 has been opposed by the learned AGA for the State on the ground that the applicants did not appear before the trial court and therefore, non- bailable warrants have been issued. He also submits that there are specific allegations against the applicants and there is no ground to quash the charge sheet.
I have carefully considered the submissions made by learned counsel for applicants as well as learned AGA for the State. I have also gone through the material available on record.
Having perused the material on record, I do not find any ground to quash the charge sheet. There is no cogent ground for quashing the order dated 02.08.2018. However, keeping in view the submission made by the learned counsel for the applicants that the counsel for the applicants, who was representing the case on their behalf, had expired and therefore, the applicants could not appear, it is deemed appropriate to direct the applicants to appear before the learned trial court till 23.12.2018, which is the date already fixed by the trial court, and move an appropriate application for cancellation of non-bailable warrants. The learned trial court will consider the said application in accordance with law.
Till 23.12.2018, no coercive action be taken against the applicants. It is made clear that in case the applicants fail to appear till 23.12.2018, interim order will stand vacated.
With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.
Order Date :- 30.11.2018 Amit Mishra