Court No. - 1
Case :- APPLICATION U/S 482 No. - 38419 of 2018 Applicant :- Nek Mohammad And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shailendra Ratan Bhushan Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Shailendra Ratan Bhushan, learned counsel the applicants, Sri Abhishek Srivastava, learned counsel for opposite party no. 2 and Sri Ajit Ray, 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 warrants dated 01.08.2018 and 16.08.2018 passed by Additional Sessions Judge, Court No. 8, Aligarh in complaint case no. 01 of 2017, under Sections 452, 147, 376-D, 302/149 IPC and Section 4 of POCSO Act, P.S. Chharra, District Aligarh.
Learned counsel for the applicants contended that the reasons on account of which the applicants failed to appear before the trial court were beyond their control and the applicants have every intention to appear before the court concerned and participate in the proceedings of the trial.
After having heard the learned counsel for the applicants and perused the impugned orders as well as the materials brought on record, I do not find any justification for quashing of the aforesaid non-bailable warrants.
However, without expressing any opinion on the merits of the case, I dispose of this application with a direction that the applicants shall surrender before the court below within two weeks from today.
For a period of two weeks from today, non-bailable warrants issued against the applicants 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 applicants for ensuring their appearance before it.
With the aforesaid directions, this 482 application is finally disposed of.
Order Date :- 26.10.2018 Anand Verma