Court No. - 38
Case :- APPLICATION U/S 482 No. - 16468 of 2019 Applicant :- Ompal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vageesh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant application u/s 482 has been filed for quashing the N.B.W. dated 2.3.2019 against the applicant passed in S.T. no. 493 of 2011 and to grant some time to appear before the Court below.
Heard Sri Vageesh Pandey, learned counsel for the applicant and learned AGA for the State.
Learned counsel for the applicant has submitted that applicant is innocent he has been convicted in S.T. no. 493 of 2011 (State Vs. Mahavir and Ors.) arising out of Crime no. 415 of 2010 u/s 452, 308/34, 323/34, 324/34, 504, 506 IPC vide judgement and order dated 2.3.2019. The applicant was not present at the stage of judgement hence his file was separated. He wants to surrender before the lower Court. He is posted in Army. The N.B.W. issued against him be quashed.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts argued by the learned counsel for the applicant.
From perusal of the material on record and looking into the facts and circumstances of the case, as the applicant- Ompal has not surrendered before the trial Court whereas he is convicted accused, no relief can be granted at this stage. Hence prayer for quashing the N.B.W. issued against him is refused.
The applicant is directed to appear before the trial Court forthwith.
With aforesaid observation, the instant application finally stands disposed of.
Order Date :- 30.4.2019 Vandana