Court No. - 49
Case :- APPLICATION U/S 482 No. - 25120 of 2018 Applicant :- Ompal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashvni Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State as also perused the record.
The present application U/s 482 Cr.P.C. has been filed against the order dated 17.04.2018 passed by the Addl. District and Sessions Judge, Court No. 11, Aligarh in Case No. 03 of 2009 (State Vs. Gangola and others) arising out of Case Crime No. 216 of 2003, Police Station Akrabad, District Aligarh, rejected the application of the applicant.
It appears that the applicant had furnished surety for the accused in pursuance of bail order passed in favour of the Bablu @ Khallar, who had died.
Considering the above, the applicant has an alternative remedy of appeal under Section 451 Cr.P.C. against the aforesaid impugned order. Hence, the instant application is dismissed on the ground of alternative remedy, leaving it open to the applicant to file an appeal before the learned court below within two weeks from today. If such appeal is filed within time indicated above, the same may be decided in accordance with law, without any objection as to limitation.
Certified copy of the orders impugned in this application, may be returned to learned counsel for the applicant within four days from today.
Order Date :- 27.7.2018 Lbm/-